Citation Nr: 20021612
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 18-18 029
DATE: March 26, 2020

REMANDED

Entitlement to a compensable disability rating prior to January 8, 2020, and in excess of 30 percent thereafter for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1953 to December 1954 in the United States Army, to include active duty service during the Korean Conflict Era.

Following the Board’s previous remand, the rating for the Veteran’s service-connected bilateral hearing loss was increased to 30 percent effective January 8, 2020.  See January 2020 rating decision.

Entitlement to a compensable disability rating prior to January 8, 2020, and in excess of 30 percent thereafter for service-connected bilateral hearing loss is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records.  In a March 2020 statement, the Veteran’s representative reported that the Veteran underwent an audiological evaluation shortly after February 2018 at a VA Medical Center and has continued to receive VA treatment for the disability on appeal.  Review of the record indicates that the Veteran’s VA treatment records have not been updated since February 2018.  Those records would be pertinent to whether an increased rating could be granted earlier in the appeal period. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.

The matters are REMANDED for the following action:

1.  Obtain the Veteran’s VA treatment records for the period from February 2018 to the Present.

2.  After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.S. McLeod

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.