Citation Nr: 21023478 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 17-18 894 DATE: April 20, 2021 REMANDED Entitlement to a compensable disability rating for bilateral hearing loss is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force as an aviation maintenance specialist from September 1976 to September 1980, and in the Army National Guard as a warrant officer and helicopter pilot from November 1980 to December 1988 with active duty for training from July 1981 to November 1981. These issues come before the Board of Veterans’ Appeals (Board) from an appeal of a July 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding has been associated with the Veteran’s claims file. In an April 2020 decision and remand, the Board denied a compensable disability rating for bilateral hearing based upon the results of audiological testing and entitlement to a TDIU due to service-connected hearing loss. The Veteran appealed the April 2020 Board decision to the United States Court of Appeals for Veteran’s Claims (Court). A November 2020 Court order vacated the decision on a compensable disability rating for bilateral hearing loss and a TDIU in the Board’s and remanded the issues for compliance with the directions in a Joint Motion for Partial Remand (JMPR). The parties to the JMPR found that the Board’s treatment of the Veteran’s TDIU claim was limited to a single paragraph within a discussion of his bilateral hearing loss claim. The parties found that the Board erred by failing to consider any other of the Veteran’s service-connected disabilities beyond bilateral hearing loss. The parties noted that before the Board relies upon any additional evidence developed, it must ensure that the Veteran received notice and has had an opportunity to respond. Discussion Regrettably, a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159. To date the RO has not sent an SSOC addressing VA-developed medical evidence, to include a January 2020 VA mental health examination, a July 2020 VA back conditions examination (with an individual unemployability statement), a July 2020 VA scars examination (with an individual unemployability statement), a July 2020 VA peripheral nerve conditions examination (with an individual unemployability statement), an August 2020 VA audiological evaluation and hearing loss examination (with an individual unemployability statement), a September 2020 VA mental disorders examination; a September 2020 VA addendum report, 47 pages of VA progress notes, an October 2020 VA medical opinion, an October 2020 VA peripheral nerve conditions examination, a November 2020 VA progress note, and a January 2021 VA hearing loss examination. The issue of waiver of RO consideration and issuance of an SSOC were addressed at the June 2019 Board hearing; however, this exchange between the Veteran’s former representative and the undersigned concerned evidence that the Veteran obtained for himself and not VA-developed medical evidence. See, e.g., June 27, 2019 Hearing Transcript, pp. 3-5. Therefore, a remand is necessary for the issuance of an SSOC, which addresses all VA-developed evidence pertinent to the Veteran’s bilateral hearing loss increased rating claim and the Veteran’s claim for a TDIU. Thereby, the Veteran and his representative will be provided with an opportunity to respond to this medical evidence. See 38 C.F.R. § 19.37(b). The matters are REMANDED for the following action: 1. Provide the Veteran and his representative an SSOC on the claims of entitlement to a compensable disability rating for bilateral hearing loss and entitlement to a TDIU. The Board herein intimates no opinion as to the outcome of this case. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. J. Komins, 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.