Citation Nr: 18142855
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 14-40 933
DATE:	October 17, 2018
REMANDED
Entitlement to a compensable initial disability rating for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1977 to March 1994.
Entitlement to a compensable initial disability rating for bilateral hearing loss is remanded.
Review of the VA treatment records reflects that there is additional pertinent evidence relevant to the Veteran’s claim which must be obtained.  Specifically, a September 2012 VA treatment record notes that an audiometric evaluation was conducted at that time which revealed mild to moderately-severe bilateral sensorineural hearing loss, and that the results of the audiogram were entered in the audiogram module.  However, the results of the audiometric testing are not contained in the available VA treatment records.  Accordingly, the RO should obtain a copy of the September 2012 audiogram results and associate them with the claims file.  See 38 U.S.C. § 5103A(c); 38 C.F.R. § 3.159(c)(2); see also Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (holding that documents which are generated by VA agents or employees are in constructive possession of VA, and as such, should be obtained and included in the record).
The matter is REMANDED for the following action:
1. Obtain all available VA treatment records pertinent to the Veteran’s claim, to specifically include the audiogram performed in September 2012, and associate them with the claims file.  All attempts to obtain these records must be documented in the claims file.  The Veteran and his representative must be notified of any inability to obtain the requested documents.
2. After undertaking any other development deemed appropriate, readjudicate the issue on appeal.  If the benefit sought is not granted, furnish the Veteran and his representative with a supplemental statement of the case and afford them an opportunity to respond before the record is returned to the Board for further review.
 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Katz, Counsel