Citation Nr: 21006869
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 19-22 386A
DATE: February 5, 2021

REMANDED

Entitlement to a compensable evaluation for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to August 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902(c). 38 U.S.C. § 7107(a)(2).

1. Entitlement to a compensable evaluation for bilateral hearing loss is remanded.

Subsequent to the June 2019 statement of the case (SOC), additional relevant evidence was added to the claims file including VA treatment records, VA examination reports and records from the Social Security Administration. In a December 7, 2020 letter, the Veteran was offered the opportunity to waive agency of original jurisdiction (AOJ) consideration of that evidence in the first instance and was given 45 days to respond. No response was received. Accordingly, remand is required to permit the AOJ to consider, in the first instance, the relevant evidence received after the SOC was issued. 38 C.F.R. §§ 19.31, 19.37.

The matters are REMANDED for the following action:

Readjudicate the claim for a compensable evaluation for bilateral hearing loss, to include consideration of evidence received since the June 2019 SOC.  If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Asare, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.