Citation Nr: 21000379
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 18-46 485
DATE: January 5, 2021

REMANDED

Entitlement to a higher initial disability rating for hearing loss, evaluated as noncompensably disabling prior to January 30, 2020, and as 20 percent disabling thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from October 1957 to October 1961.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 and a September 2020 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the October 2016 rating decision, the RO granted service connection for bilateral hearing loss with a noncompensable rating. In the November 2016 Notice of Disagreement, the Veteran sought an initial compensable rating. In the August 2018 Form 9, Substantive Appeal, the Veteran did not elect an optional Board hearing. 

This case was previously before the Board in July 2019 for further development. In the July 2019 decision, the Board directed the RO to obtain outstanding VA and private treatment records relating to the Veteran’s hearing loss and schedule the Veteran for a VA examination to determine the current severity of his bilateral hearing loss. The RO obtained outstanding VA treatment records and associated them with the claims file in November 2019 and December 2019. The RO obtained private hearing loss treatment records and associated them with the claims file in January 2020. In January 2020, the Veteran underwent a VA examination, which was associated with the claims file in February 2020. In September 2020, the RO issued a rating decision and a Supplemental Statement of the Case increasing the Veteran’s service-connected bilateral hearing loss disability to a 20 percent rating from January 30, 2020, while denying a compensable rating prior to January 30, 2020. 

In the November 2020 appellate brief, the Veteran’s representative contends that the Veteran is entitled to a compensable rating prior to January 30, 2020, and a higher rating than 20 percent from January 30, 2020. 

The Veteran’s November 2017 VA treatment records show the Veteran underwent audiological testing, but the actual audiogram results were not included in the VA treatment records associated with the claims file. To determine the appropriate rating of the Veteran’s service-connected bilateral hearing loss for the appellate period, the actual audiogram results from the November 2017 audiological testing must be obtained by the RO and associated with the claims file. Accordingly, while the Board regrets the delay, a remand is required. 

The matters are REMANDED for the following action:

1. Obtain any and all audiogram results from VA treatment records for the appellate period, including the November 2017 audiogram. 

2. After completing the foregoing and any other development necessary, readjudicate the Veteran’s claims.

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3. If any benefit sought on appeal remains denied, a Supplemental Statement of the Case (SSOC) should be furnished to the Veteran and his representative, and he and his representative should be afforded a reasonable opportunity to respond.

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Agarwal, 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.