Citation Nr: 20040468 Decision Date: 06/15/20 Archive Date: 06/15/20 DOCKET NO. 14-34 423A DATE: June 15, 2020 ORDER The appeal for an initial disability rating for bilateral hearing loss, having been adjudicated on the merits in an October 2019 Board decision, is dismissed. FINDINGS OF FACT 1. In July 2018, the Board remanded the claim for a higher (compensable) initial rating for bilateral hearing loss for additional development. 2. During the pendency of the appeal for a higher initial rating, the Regional Office (RO) issued a September 2019 rating decision granting a higher 30 percent rating from January 24, 2017, and a higher 50 percent initial rating from September 26, 2018 for bilateral hearing loss. A September 2009 supplemental statement of the case (SSOC) continued the denial of a compensable rating for bilateral hearing loss from June 15, 2012 to January 24, 2017. 3. In an October 2019 Board Decision, the Board adjudicated the issue of a higher initial rating for bilateral hearing loss on the merits and denied initial staged ratings in excess of 0 percent from June 15, 2012 to January 24, 2017, in excess of 30 percent from January 24, 2017 to September 26, 2018, and in excess of 50 percent from September 26, 2018. 4. The Veteran has not filed a supplemental claim for increased rating for bilateral hearing loss, nor expressed any further dissatisfaction with the initial ratings assigned for bilateral hearing loss. 5. There remains no question of fact or law to be decided by the Board concerning the issue of entitlement to a higher initial rating for bilateral hearing loss. CONCLUSION OF LAW There being no question of fact or law to be decided by the Board, the criteria for dismissal of an initial disability rating for bilateral hearing loss have been met. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran, who is the Appellant, served on active duty from August 1956 to August 1976. Dismissal of Appeal for Higher Initial Rating for Bilateral Hearing Loss The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. This matter came before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision, which, in pertinent part, granted service connection for bilateral hearing loss, assigning a noncompensable (0 percent) initial disability rating (effective June 15, 2012). In July 2018, the Board remanded the issue on appeal for additional development, including to obtain outstanding VA treatment records and obtain a VA audiology examination. Upon completing the requested development, the RO granted a higher 30 percent rating from January 24, 2017 for September 26, 2018, and a higher 50 percent initial rating from September 26, 2018 for bilateral hearing loss. See September 2019 rating decision. As the maximum rating allowable for bilateral hearing loss was not granted, the appeal for a higher initial rating for bilateral hearing loss was returned to the Board for appellate review. See AB v. Brown, 6 Vet. App. 35, 38 (1993). In an October 2019 Board Decision, the Board adjudicated the appeal for a higher initial rating for bilateral hearing loss on the merits. The October 2019 Board Decision denied a higher (compensable) initial rating for bilateral hearing loss from June 15, 2012 to January 24, 2017, and denied initial staged ratings in excess of 30 percent from January 24, 2017 to September 26, 2018, and in excess of 50 percent from September 26, 2018. A review of the record reflects that the RO issued a SSOC in April 2020 and indicated (mistakenly) that the Board previously remanded for additional development, while continuing the 0 percent, 30 percent, and 50 percent staged ratings for bilateral hearing loss; however, as noted above, the October 2019 Board decision adjudicated the appeal for a higher initial rating for bilateral hearing loss on the merits, and the Board decision is final. (Continued on the next page)   As the Board in October 2019 has already adjudicated the appeal for higher initial ratings for bilateral hearing loss on the merits, which moots the question of entitlement to a higher initial rating for bilateral hearing loss, and the Veteran has not filed a supplemental claim for increased rating for bilateral hearing loss and has not otherwise requested reconsideration of the initial staged ratings assigned for bilateral hearing loss, there remains no question of fact or law to be decided by the Board concerning the initial rating for bilateral hearing loss; thus, the appeal must be dismissed. 38 U.S.C. § 7104. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Moore 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.