Citation Nr: 18141188
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 12-27 642
DATE:	October 9, 2018
REMANDED
Entitlement to service connection for a bilateral hearing loss disability is remanded.
Entitlement to an initial disability rating in excess of 10 percent from January 29, 2009 for left leg cold injury residuals is remanded.
Entitlement to a disability rating in excess of 20 percent from October 4, 2012 for left leg cold injury residuals is remanded.
Entitlement to a disability rating in excess of 30 percent from December 6, 2014 for left leg cold injury residuals is remanded.
Entitlement to an initial disability rating in excess of 20 percent for peripheral arterial disease residual of left leg cold injury is remanded.
REASONS FOR REMAND
The Veteran served on active duty for training (ACDUTRA) from May 1980 to August 1980 and on active duty from October 1985 to November 1995.
Upon review, remand is required for all issues on appeal to obtain outstanding relevant VA treatment records.
With respect to the bilateral hearing loss disability claim, a threshold issue is whether the Veteran has a bilateral hearing loss disability for VA purposes.  In this regard, 38 C.F.R. § 3.385 specifically defines when impaired hearing will be considered to be a disability for VA purposes.  The Veteran was afforded one VA examination for this claim during the appeal period in October 2017 and the Hearing Loss and Tinnitus Disability Benefits Questionnaire (DBQ) contained results that did not show a bilateral hearing loss disability for VA purposes.  The remaining evidence of record does not currently show a bilateral hearing loss disability for VA purposes.  VA treatment records, however, reference audiometric testing and word recognition testing, but the actual test results of such are not of record.  Specifically, December 2010, June 2012 and December 2013 VA audiology hearing evaluation notes reference such testing and stated that “[d]etailed findings of summary below available in CPRS Tools, Audiogram Display.”  One test in December 2010 included the evaluator’s assessment that the Veteran had mild sensorineural hearing loss consistent with noise induced hearing impairment and several noted word recognition of 80 to 100 percent.  In light of the outstanding relevant VA treatment records and suggestions that a disability may be present at some time during the period of the appeal, remand is required for this claim to obtain the actual audiometric test results referenced in VA treatment records.  
In addition, the October 2017 DBQ referenced that the Veteran had “annual hearing exams.”  The Veteran is advised that, in the event that such hearing exams are not performed at a VA facility, he may submit copies of any such exams or a release for a private provider where such exams are performed (and VA will attempt to obtain records from the provider). 
With respect to the increased rating claims on appeal, the most recent VA treatment records of record are from January 2014.  The Veteran was afforded a VA examination for the increased rating claims in August 2017 and multiple DBQs were completed.  All of the DBQs contained a similar Medical History section that cited and quoted various VA treatment records from 2014 to 2016 that related to treatment for the Veteran’s left lower extremity.  These records are not of record and as such, remand is required for the increased rating claims to obtain all outstanding VA treatment records.  
The matters are REMANDED for the following action:
Obtain all outstanding VA treatment records.  This specifically includes:
(a.) The actual audiometric test results referenced in December 2010, June 2012 and December 2013 VA audiology hearing evaluation notes, as well as the actual audiometric test results from any subsequently performed audiometric tests.
(b.) Records dated from January 2014.
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Hoopengardner, Counsel