Citation Nr: 18157454
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 10-31 659
DATE:	December 13, 2018
REMANDED
Entitlement to an initial compensable evaluation for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1981 to December 1990 and January 2002 to June 2002.
This matter comes before the Board of Veterans’ Appeals (Board) from a January 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which granted service-connection for bilateral hearing loss and assigned a noncompensable disability rating from January 12, 2007.
In October 2011, the Veteran withdrew her request for a hearing before a Veterans Law Judge (VLJ). 
This matter was last before the Board in April 2017, at which time the Board, in pertinent part, denied the claim. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). In a May 2018 Memorandum Decision, the Court vacated the portion of the April 2017 Board decision that denied a compensable initial rating for bilateral hearing loss, and returned it to the Board for actions consistent with the Memorandum Decision. 
1. Entitlement to a compensable initial disability evaluation for bilateral hearing loss
In light of the Court’s Memorandum Decision, and the length of time since the    last examination, the Board finds that a new examination is warranted.  Updated treatment records should also be requested.
The matter is REMANDED for the following actions:
1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her bilateral hearing loss and claimed symptoms related to such. After securing any necessary releases, request any relevant records identified that are not associated with the claims file. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran should be notified of such.
2. After records development is completed, schedule the Veteran for a VA audiological examination to determine the current severity of her bilateral hearing loss. The claims file must be reviewed by the examiner in conjunction with the examination. All necessary tests should be performed and the results reported. Symptomatology associated with the bilateral hearing loss disability should be reported. 
The examiner is also asked to indicate whether the Veteran’s claimed symptoms of bilateral ear pain, itching, headaches, throbbing, sweating, electrical sensations, difficulty concentrating, dizziness and balance problems are symptoms related to her service-connected hearing loss. The examiner should provide a rationale for the conclusions reached.
3. After the development requested above has been completed to the extent possible, the claim should     be readjudicated, to include addressing whether         an extraschedular evaluation for hearing loss is warranted. If the benefit sought on appeal remains denied, the appellant and representative, if any,   should be furnished a supplemental statement of      the case and given the opportunity to respond    thereto before the case is returned to the Board.

 
K. A. BANFIELD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. C. Birder, Associate Counsel