Citation Nr: 21001371
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 19-10 544
DATE: January 7, 2021

REMANDED

Entitlement to an initial rating greater than 10 percent for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from August 1955 to August 1975, including reported service in Thailand.  For his meritorious service, the Veteran was awarded (among other decorations) the Air Force Commendation Medal.

This appeal was previously remanded by the Board for additional development in May 2019 and October 2020.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

In October 2020, the Board noted that a November 2019 VA contract examination contained testing results which were deemed invalid for rating purposes by the examiner.  As such, a new examination was instructed at that time.  The record reflects that a new contract examination was requested that same month, but cancelled at the Veteran’s request.  He offered no explanation for this cancellation and did not subsequently request that a new examination be scheduled.

In light of the Board’s previous findings as to the November 2019 examination, additional efforts to obtain a new examination are needed.  At this time, the Veteran is again reminded that participation in the VA adjudication process is a two-way street, and his further refusal to participate in the requested examination provides a basis upon which to deny the claim.  See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (participation in the VA process is a “two-way street”); see also 38 C.F.R. § 3.655 (establishing that absent a showing of good cause, a claimant’s refusal to participate or cooperate during a VA examination is akin to a failure to report and serves as a basis for denial of a claim).

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination to assess the current severity of his service-connected bilateral hearing loss.  The claims folder must be provided to the examiner in conjunction with the examination.  All necessary tests and studies should be conducted.

The examiner should offer an assessment of all pertinent symptomatology and findings, to be reported in detail in accordance with Diagnostic Code 6100.  In doing so, the examiner must indicate whether the provided test results are valid for rating purposes.  If a negative response is provided, the examiner must offer a basis for such.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Kovarovic, 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.