Citation Nr: 21000453
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 15-00 153A
DATE: January 5, 2021

REMANDED

Entitlement to a compensable rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1968 to January 1970.  The Board sincerely thanks the Veteran for his service to our country.

This matter comes before the Board of Veterans’ Appeals (Board) from a December 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The claim was previously before the Board in June 2018, when it was remanded for a VA examination.  

In April 2018, the Veteran testified at a video-conference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is associated with the record.   

1. Entitlement to a compensable rating for bilateral hearing loss is remanded.

A December 2014 rating decision granted service connection for bilateral hearing loss and assigned a noncompensable rating based on a December 2014 VA examination.  An October 2019 VA hearing loss examination report does not show that a compensable rating is warranted for the Veteran’s bilateral hearing loss.  However, the Veteran has submitted May 2015, August 2019, and April 2020 private audiological examinations, indicating that a compensable rating may be warranted.  

In light of the fact that the May 2015, August 2019, and April 2020 data appears to potentially support the claim for an increased rating if it were determined that the report met certain requirements for rating purposes, the Board finds that a remand for development of clarification regarding pertinent details of the May 2015, August 2019, and April 2020 private audiology examination reports is warranted in this case.  Savage v. Shinseki, 24 Vet. App. 259, 269 (2010) (holding that the Board had a duty to clarify whether private audiological examinations used the Maryland CNC test).  

The matters are REMANDED for the following action:

1. Please secure for the record copies of complete updated clinical records (any not already of record) of all VA and non-VA treatment the Veteran has received for the disorder on appeal.  

2. Please contact the Veteran and request that he either obtain the information requested below or provide any necessary authorization for the AOJ to attempt to obtain the information requested. If authorization is provided, the AOJ is requested to:

(a.) Contact “Beltone Central California Oakhurst Location” and request that they identify which speech discrimination test was utilized during the examination of the Veteran conducted on 

•	April 30, 2015;

•	August 22, 2019; and

•	April 30, 2020. 

3. Documentation of the attempt to obtain this information must be associated with the claims-file and available for review.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	O. Halpern

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.