Citation Nr: 22017740
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 19-23 362A
DATE: March 26, 2022

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active-duty service from September 1971 to June 1975. 

The case was initially brought before the Board in April 2020, at which time the Board dismissed the issues for readjudication of the claim for entitlement to service connection for bilateral hearing loss.  The Veteran appealed the April 2020 decision to the U.S. Court of Appeals for Veterans Claims (Court).  In a December 2020 Order of the Court granting a December 2020 Joint Motion for Remand (JMR), the parties agreed to vacate the April 2020 Board decision and remand the matters for compliance with the terms of the JMR.  The case has been returned to the Board.

Entitlement to service connection for bilateral hearing loss.

The Veteran filed a VA Form 10182 in August 2019 pursuant to the Appeals Modernization Act appealing a November 2018 rating decision.  This form will be accepted as the Veteran's notice of disagreement (NOD) under the legacy system.  Pursuant to this recharacterization, a statement of the case should be issued in response to this NOD.  Therefore, a remand is required for the issue of a statement of the case.  Manlincon v. West, 12 Vet. App. 238 (1999).

The matters are REMANDED for the following action:

1. The RO should undertake any other development deemed necessary in order to adjudicate the remaining claims on appeal, including obtaining any VA examinations or opinions. 

2. The RO should issue a statement of the case adjudicating the issue of entitlement to service connection for bilateral hearing loss.  

The Veteran should be advised of the time limit in which he may file a substantive appeal. Then, only if the appeal is perfected in a timely manner, should that issue be returned to the Board for further appellate consideration, if otherwise in order. 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Billinger, Associate Counsel