Citation Nr: 18157966
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 14-07 307
DATE:	December 14, 2018
REMANDED
A rating in excess of 20 percent for bilateral hearing loss, from October 27, 2016, is remanded.  
 
REASONS FOR REMAND
The Veteran served as a member of the Army National Guard with a period of active duty for training (ACDUTRA) from March 1965 to July 1965.
This matter comes before the Board from an October 2012 rating decision.  
In November 2017, the Board denied the Veteran’s initial higher “staged” rating claim for bilateral hearing loss.  Thereafter, the Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In an August 2018 Memorandum Decision, the Court affirmed the Board’s November 2017 decision as to an initial compensable rating for bilateral hearing loss prior to January 22, 2015, and in excess of 10 percent to October 26, 2016.  The Court also vacated that portion of the November 2017 Board decision that denied a rating in excess of 20 percent for bilateral hearing loss, from October 27, 2016, and remanded that part of the claim to the Board.  
A rating in excess of 20 percent for bilateral hearing loss, from October 27, 2016.  
The Court’s August 2018 Memorandum Decision vacated that portion of the November 2017 Board decision denying a rating in excess of 20 percent for bilateral hearing loss, from October 27, 2016, citing to lack of consideration of a November 2017 VA audiological examination report, which was created 10 days prior to the Board’s decision.  In addition, in November 2018, the Veteran submitted additional evidence and specifically requested initial RO consideration of the evidence.  Based on the foregoing, the appeal will be remanded to the RO.  38 C.F.R. § 20.1304(c).  
The matter is REMANDED for the following action:
Readjudicate the issue of a rating in excess of 20 percent for bilateral hearing loss, from October 27, 2016, with consideration of the November 6, 2017 VA examination report and any additional evidence, to include the Veteran’s November 2018 submission.  If the benefit sought is not granted in full, issue a supplemental statement of the case (SSOC) and return the case to the Board.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Taylor