Citation Nr: 21071529
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 19-12 429
DATE: November 30, 2021

REMANDED

Entitlement to an initial compensable rating for a bilateral hearing loss disability is remanded.

Entitlement to service connection for chloracne of the face is remanded.

Entitlement to service connection for chloracne of the back is remanded.

Entitlement to service connection for chloracne of the bilateral upper extremities is remanded.

Entitlement to service connection for chloracne of the bilateral lower extremities is remanded.

Entitlement to service connection for left upper extremity peripheral neuropathy is remanded.

Entitlement to service connection for right upper extremity peripheral neuropathy is remanded.

Entitlement to service connection for left lower extremity peripheral neuropathy is remanded.

Entitlement to service connection for right lower extremity peripheral neuropathy is remanded.

Entitlement to service connection for a liver cyst is remanded.

Entitlement to service connection for a cerebrovascular accident is remanded.

Entitlement to service connection for slurred speech is remanded.

Entitlement to service connection for a blood disability is remanded.

Entitlement to service connection for a heart disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1965 to November 1967, with service in the Republic of Vietnam.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in September 2017 by a Department of Veterans Affairs (VA) Regional Office (RO).

To date, the Veteran has not submitted a power of attorney form in favor of a representative. As such, he will be considered pro se in the current appeal.

1. Entitlement to an increased rating for bilateral hearing loss, and service connection for chloracne, bilateral upper and lower extremity peripheral neuropathy, a liver cyst, a cerebrovascular accident, slurred speech, a blood disability, and a heart disability

Since the most recent adjudication of the issues on appeal in the April 2019 statement of the case, additional VA treatment records pertinent to the issues on appeal have been associated with the file. 38 C.F.R. § 20.1305(c). In September 2021, the Veteran was asked whether he wished the Board to consider this evidence in the first instance, or whether he wished to have his appeal remanded for the RO to consider the new evidence. In a November 2021 statement, the Veteran stated that he wished his appeal to be remanded to the RO so that they could consider the evidence in the first instance. 38 U.S.C. § 7104; 38 C.F.R. § 20.1305(c). As such, the issues on appeal must be remanded so that the RO may readjudicate them in light of all the evidence of record.

The matters are REMANDED for the following action:

Readjudicate the issues on appeal. If the determinations remain unfavorable to the Veteran, he should be furnished a supplemental statement of the case which addresses all evidence associated with the claims file since the last statement of the case and afforded the applicable time period in which to respond.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Wendell, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.