Citation Nr: 21027864
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 05-02 935
DATE: May 7, 2021

REMANDED

A compensable evaluation for left ear hearing loss prior to January 11, 2005 on an extraschedular basis, to include effects of dizziness, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from January 1962 to September 1965, with additional subsequent service in the National Guard and Army Reserve. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2004 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). There has been a significant appellate procedural history since that time, including a June 2017 joint motion for remand from the United States Court of Appeals for Veterans Claims. Most recently, the Board again remanded the case for additional evidentiary development in June 2020. 

However, after the agency of original jurisdiction (AOJ) last reviewed the appeal with the supplemental statement of the case (SSOC) issued on September 23, 2020, the Veteran then submitted additional evidence the following week. As such, this evidence has not been reviewed by the AOJ, and the Veteran did not respond to a March 2021 notice letter informing him of his right to waive his right to an initial review of this evidence by the AOJ. As such, an additional remand is now needed to comply with the Veteran's right to due process in this matter. 

A compensable evaluation for left ear hearing loss prior to January 11, 2005 on an extraschedular basis, to include effects of dizziness, is remanded.

Additional evidence has been received that has not yet been considered by the AOJ, including the Veteran's September 2020 statement regarding his symptoms of dizziness. Therefore, the matter must be remanded for initial AOJ review of this evidence and issuance of an SSOC. See 38 C.F.R. §§ 19.31, 19.37.

The matter is REMANDED for the following action:

Readjudicate the appeal with consideration of all additional evidence received since the September 2020 SSOC, specifically to include the Veteran's statement received on September 28, 2020. If the benefit sought is not granted, send the Veteran and his representative a new SSOC. 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McDonald, 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.