Citation Nr: 20007828
Decision Date: 01/30/20	Archive Date: 01/30/20

DOCKET NO. 19-04 013
DATE: January 30, 2020

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from August 1961 through September 1964.  

This matter comes before the Board of Veterans’ Appeals (BVA or Board) on appeal from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In a March 2017 rating decision, the Veteran was granted service connection for bilateral hearing loss at 0 percent disabling. He contends his bilateral hearing loss has worsened.

He was last afforded a VA examination for bilateral hearing loss in February 2017. Post examination, the Veteran submitted lay statements and medical evidence suggesting that his hearing loss had worsened. In November 2018, correspondence of record documents an examination scheduling request. Days later, the request to schedule an examination was canceled due to the Veteran’s unavailability. In December 2018, the Veteran requested to reschedule the VA examination. No examination was scheduled. On May 2019, the Veteran reported that he had missed the previous examination because he was out of state. He also mentioned his previous request to reschedule the examination.

Under these circumstances, the Veteran notified VA regarding his unavailability for the examination. Here, there was no failure to appear.  As such, 3.655 is inapplicable. The Veteran should be afforded another opportunity to appear at a VA audiological examination.  

The matters are REMANDED for the following action:

Schedule the Veteran for an examination with the appropriate clinician to determine the current severity of his bilateral hearing loss.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N.B. Mmeje, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.