Citation Nr: 21000500
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 17-04 755
DATE: JANUARY 5, 2021

REMANDED

Entitlement to a disability rating higher than 10 percent for bilateral hearing loss (previously rated as left ear hearing loss) is remanded.

REASONS FOR REMAND

The Veteran had active duty from June 1970 to June 1973.  

This matter is on appeal from a May 2014 rating decision, which denied a disability rating higher than 10 percent for left ear hearing loss.

In March 2020, the Veteran had a hearing before the undersigned Veterans Law Judge.

The Board notes that in a March 2020 rating decision, the regional office (RO) granted service connection for right ear hearing loss.  As such, the issue has been recharacterized as indicated.

1.  Entitlement to a disability rating higher than 10 percent for bilateral hearing loss (previously characterized as left ear hearing loss) is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records and/or VA examination records.  During his March 2020 Board hearing, the Veteran indicated that he has had a new VA examination since his last VA examination of record in January 2019.  Similarly, in a March 2020 VA medical record, the Veteran indicated that he had undergone a VA examination in January 2020.  As such, the Agency of Original Jurisdiction (AOJ) must verify that all VA examinations are associated with the claims file.  Moreover, the Board notes that the January 2019 VA examination was obtained after the last statement of the case (SOC) in January 2017.  There has been no AOJ consideration of that evidence in reference to the current claim and a supplemental SOC (SSOC) must be obtained.  Any other unassociated VA medical records should also be obtained.

During the March 2020 Board hearing, the Veteran asserted that the disability has  increased in severity since the Veteran was last examined by VA.  A new VA examination should be obtained.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s pertinent VA treatment records for the period from November 2016 to the present, to include all VA examinations (to specifically include any received after January 2019).  If no such records/VA examination(s) exist that fact should be noted.

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2.  After the above development has been accomplished, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his bilateral hearing loss.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  

3.  After the above development has been accomplished the AOJ should issue a new SSOC, to include consideration of all the evidence obtained since the January 2017 SOC.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lindio

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.