Citation Nr: 18147289
Decision Date: 11/05/18	Archive Date: 11/02/18

DOCKET NO. 10-44 293
DATE:	November 5, 2018
REMANDED
Entitlement to a compensable rating for left ear hearing loss on an extraschedular basis is remanded.
REASONS FOR REMAND
Entitlement to a compensable rating for left ear hearing loss is remanded.
In January 2017, The Board denied a compensable rating for the issue on appeal and the Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  In March 2018, the Court set aside the January 2017 Board decision with regard to this particular issue, and remanded that matter back to the Board for development consistent with the Memorandum Decision (Decision).
Specifically, the Court noted that the Board did not consider the Veteran’s report of vertigo and a functional effect of his hearing loss described as “It makes people think Im dumb.”
As such, the Veteran’s increased rating claim for hearing loss should be referred to the Director of the VA Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 3.321 (b)(1).
The matter is REMANDED for the following action:
1. Refer the Veteran’s case to the Under Secretary for Benefits or the Director of the Compensation and Pension Service for a determination as to whether the Veteran’s disability picture warrants the assignment of a compensable rating on an extraschedular basis. The Director is requested to review the entire record, to include all VA examination reports and the statements and testimony of the Veteran.

 
N. RIPPEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R.A. Elliott II, Associate Counsel