Citation Nr: 21072532
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 17-16 442
DATE: December 3, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Navy from September 1976 to September 1983. 

This case comes before the Board of Veterans' Appeals (the Board) from a November 2012 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

By way of history, the Veteran's claim for bilateral hearing loss was denied in a May 2012 rating decision. The Veteran submitted a June 2013 notice of disagreement. In December 2013, the Board of Veterans' Appeals (Board) remanded the issues on appeal for the issuance of a Statement of the Case (SOC). Eventually, the RO issued a March 2017 SOC denying the Veteran's claims. The Veteran appealed to the Board in a March 2017 VA Form 9. In April 2018, the Board again remanded the issues on appeal for additional development. Specifically, the Board requested that the Veteran be scheduled for a VA examination for his reported bilateral hearing loss and tinnitus disorders. Unfortunately, the Veteran did not report to his scheduled October 2019 VA hearing loss and tinnitus examination, nor did the Veteran show good cause for not reporting to these examinations. The Veteran was also recently scheduled for virtual Board hearings on August 4, 2021, August 11, 2021, and October 27, 2021; however, these hearings were cancelled by the Board. The Veteran should not have been scheduled for these Board hearings as his appeal is still in remand status. In short, the Veteran's above claims have been returned to the Board too early. The RO must issue a supplemental statement of the case (SSOC) for the Veteran's claims above as instructed by the April 2018 remand directives.

1. Entitlement to service connection for bilateral hearing loss is remanded.

2. Entitlement to service connection for tinnitus is remanded.

As noted above, the Board remanded this matter in April 2018. Specifically, the Board directed that a new VA examination and SSOC be prepared and sent to the Veteran if the claim remained denied. Without any showing of good cause, the Veteran failed to report to or reschedule a VA examination in conjunction with his service connection claim for his bilateral hearing loss and tinnitus disability. A review of the Veteran's claims file shows that he was not provided an updated SSOC. The requested development has not been completed.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issues of entitlement to service connection for bilateral hearing loss and tinnitus. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). In remanding this case, "the Board makes no credibility determination, expressed or implied, at this juncture."  

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The matters are REMANDED for the following action:

Send the Veteran and his representative a supplemental statement of the case that addresses the previously remanded issues of entitlement to service connection for bilateral hearing loss and tinnitus.

 

 

E. BLOWERS

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Elliot Harris

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.