Citation Nr: 19106955
Decision Date: 01/29/19	Archive Date: 01/29/19

DOCKET NO. 14-38 510A
DATE:	January 29, 2019

REMANDED

Entitlement to an initial compensable evaluation for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1975 to September 1979, November 1990 to November 1991, and January 2003 to July 2004. 

This matter comes before the Board of Veterans’ Appeals (Board) from a December 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In January 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

The Board notes that the Veteran has filed a notice of disagreement (NOD) at the RO concerning entitlement to service connection for pes planus. The appeal is listed in the VACOLS appeals tracking system as an active appeal at the RO. While the Board is cognizant of the Court's decision in Manlincon v. West, 12 Vet. App. 238 (1999), the Board notes that in this case, unlike in Manlincon, the RO has 

 

acknowledged the NOD and is in the process of adjudicating the appeal. Action by the Board now may actually delay the RO's adjudication of that appeal. As such, no action will be taken by the Board at this time, and the issue will be the subject of a later Board decision, if ultimately necessary.

1. Entitlement to an initial compensable evaluation for bilateral hearing loss is remanded.

The most recent VA examination to assess the Veteran’s hearing loss was in June 2012. While there was an audiological evaluation for treatment purposes in 2016, that clinician noted the testing results were not reliable. In statements on appeal, the Veteran asserted his hearing loss had worsened. Thus, a remand for a VA examination is necessary to determine the current severity of the bilateral hearing loss disability.

Updated medical 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 treated him for his claimed bilateral hearing loss disability. 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.

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2. After records development is completed, schedule the Veteran for a VA audiological examination to determine the current severity of his bilateral hearing loss. The claims file should be reviewed by the examiner in conjunction with the examination. All necessary tests should be performed and the results reported.

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. C. Birder, Associate Counsel