Citation Nr: 20004441
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 19-13 259
DATE: January 21, 2020

REMANDED

Entitlement to an initial rating in excess of 20 percent for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1976 to December 1978.  He appeals a June 2018 rating decision denying entitlement to service connection for right ear hearing loss and granting service connection for left ear hearing loss with an initial noncompensable rating effective March 23, 2018.  In March 2019, the Veteran was awarded an initial rating of 20 percent for bilateral hearing loss effective March 23, 2018, after it was determined that the decision to deny right ear hearing loss in the June 2018 rating decision was clearly and unmistakably erroneous. 

On February 21, 2019, the Veteran submitted a Rapid Appeals Modernization Program (RAMP) Opt-In election form and requested a Higher-Level Review of his denied claims.  However, RAMP was a test program that ended on February 15, 2019.  Since the Veteran's Opt-In form was received after the cutoff date for processing RAMP appeals, the Veteran is not eligible for his appeal to be processed through RAMP.  The Board will adjudicate the appeal under the legacy appeals process.

The Veteran contends his bilateral hearing loss has worsened, resulting in dizziness and a loss of balance.  See November 2019 appellate brief.  The Veteran recently filed a free-standing claim for vertigo which has yet to be adjudicated by the Agency of Original Jurisdiction (AOJ).  See January 2020 supplemental claim.  Hence, that issue is pending at the AOJ and the Board does not have appellate jurisdiction over it.  However, as there is an indication that the Veteran’s hearing loss has worsened, remand for a new VA examination is necessary to assess the current severity of the Veteran’s bilateral hearing loss.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matter is remanded for the following action:

1. Obtain any outstanding private and/or VA treatment records relevant to treatment the Veteran received for his bilateral hearing loss that are not already of record.  All obtained records should be associated with the evidentiary record.  If any identified records are not obtainable (or none exist), the Veteran and his representative should be notified, and the record clearly documented.

2. Schedule the Veteran for an examination to assess the current severity of his bilateral hearing loss.

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3. After the above has been completed to the extent possible, readjudicate the claim.  If any benefit sought remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC), and return the case to the Board.

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Daniel Ballinger, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.