Citation Nr: 22044331 Decision Date: 08/04/22 Archive Date: 08/04/22 DOCKET NO. 20-25 001 DATE: August 4, 2022 REMANDED A rating in excess of 10 percent for bilateral hearing loss. Service connection for sinusitis. Service connection for gastroesophageal reflex disease (GERD). Service connection for dermatitis. Service connection for sinus bradycardia. REASONS FOR REMAND Additional development is necessary prior to deciding this appeal. The Veteran was initially sent a July 2021 letter regarding waiver of agency of original jurisdiction (AOJ) for new VA-generated evidence and private treatment records added to the claims file after the most recent March 2020 statement of the case (SOC). A few days later, at the beginning of August 2021, the Veteran's attorney submitted a brief and waived initial AOJ review of new evidence. However, in a subsequent letter received later in August, the attorney indicated that he had received the waiver letter, but the Veteran was unable to make a determination at that time regarding whether he wished to waive AOJ review of the new evidence as neither he nor the Veteran had received copies of the evidence indicated in the waiver letter as having been added to the claims file. The attorney then made a privacy request to obtain those records, stating they would be unable to make an informed decision about whether to waive AOJ review without first reviewing the evidence in question. In April 2022, the privacy request was completed, and the Veteran was sent the outstanding documents. There was no followup from him or his attorney as to whether he wished to waive AOJ review, so BVA sent another AOJ waiver letter in June 2022, which stated that if no response was received within 45 days, the appeal would be remanded to the AOJ. More than 45 days have passed since the waiver letter was sent, and there has been no response from either the Veteran or his attorney. As such, the appeal is remanded for the AOJ to issue a supplemental statement of the case (SSOC). The matters are REMANDED for the following actions: Readjudicate the remanded claims to include review of all additional evidence received since issuance of the March 2020 SOC. If benefits are not granted in full, then, provide the Veteran with a SSOC that specifically states that such evidence was reviewed and allow an appropriate opportunity to respond. T. SHERRARD Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brendan Evans, 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.