We've updated our Privacy Policy and by continuing you're agreeing to the updated terms. Veterans Benefits Network. Share Share with:. Link: Copy link. E RIC K. Wesche of Richmond, Virginia, and Daniel G. Krasnegor, of Charlottesville, Virginia, for the appellant.
Robert Schneider, with R. On May 21, , Mr. Anderson filed, through counsel, a timely motion for reconsideration or, in the alternative, a panel decision. The Court granted Mr. Anderson's motion for a panel decision and heard oral argument on the matter. The April 30, , decision is hereby withdrawn and this opinion is issued in its place. Because the Board did not fully consider the relevant evidence in the record, and thus, failed to provide an adequate statement of reasons or bases for its determination, the April decision will be vacated and the matter remanded for readjudication.
Anderson served in the U. Army from May to October , and from November to April Record R. The DRO reported that during that conference he and Mr. Anderson discussed the applicability of an extraschedular rating pursuant to 38 C. Anderson's claim. Anderson agreed to provide a statement detailing how his hearing loss caused marked interference with employment that would be submitted to the "VA Central Office for extraschedular evaluation.
In a July letter, Mr. Anderson stated that he believed that his hearing loss caused him to retire from his job at a telephone company with less than full pension in , and that his hearing loss adversely affected his work as a real estate agent from to He further stated that in he applied for Social Security benefits and from that time until , he worked as a property manager. In September , Mr. Anderson's claims file, his medical complaints, and his work history, issued a letter decision that discussed Mr.
Anderson's entitlement to an extraschedular evaluation under 38 C. Anderson had "worked for many years for a telephone company," and that "his hearing loss had a great impact on his career. Anderson's hearing loss had "prevented him from advancement and shortened his career to the point he had to retire in , at age Anderson was "unable to participate in conversations with his friends, cannot answer or use the phone unless his wife helps him out on the other line, and is unable to understand the dialogue of speakers, newscasters and actors whether it is on the radio, television, church, or theater.
