Citation Nr: 21005677
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 16-50 003
DATE: February 2, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1970 to January 1978.

This matter comes before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which denied service connection for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, bilateral hearing loss, and tinnitus.  

In April 2019, the Veteran and his spouse appeared before the undersigned Veterans Law Judge at a hearing held at the St. Louis RO.  The hearing transcript is associated with the claims file.

In an April 2019 decision, the Board granted service connection for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and tinnitus.  The claim of service connection for bilateral hearing loss was remanded for further development.  Following the completion of that development, in September 2019 the RO issued a supplemental statement of the case (SSOC) and the case has been returned to the Board.  

The Board observes that following the issuance of the SSOC for the pending appeal, and after this matter was certified to the Board, additional pertinent evidence was associated with the Veteran’s electronic claims file, including records of VA treatment for hearing loss.   

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

In a December 2020 letter, the Board notified the Veteran that additional evidence had been received in support of his appeal which had not yet been reviewed by the RO.  The Board inquired whether the Veteran wished to waive initial RO review and allow the Board to review the additional evidence in the first instance or if he preferred a remand.  In January 2021, the Veteran responded that he wished the Board to remand (send back) his case to the RO for review of the additional evidence received in his appeal.

The matter is REMANDED for the following action:

After reviewing the record, to include the additional evidence received since the September 2019 SSOC, issue an SSOC to the Veteran and any representative.  After providing the appropriate opportunity to respond, return the case to the Board.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.D. Hobbs, Associate 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.