Citation Nr: 21001695 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 14-12 655 DATE: January 11, 2021 REMANDED Entitlement to a rating in excess of 90 percent for bilateral hearing loss from December 3, 2015, to April 7, 2020, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (hereinafter, TDIU) prior to April 7, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1965 to May 1967. This case is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in December 2012 by a Department of Veterans Affairs (VA) Regional Office. In that decision, the Agency of Original Jurisdiction (AOJ) increased the rating for the Veteran’s service-connected bilateral hearing loss from 50 percent to 60 percent, effective October 16, 2012. In January 2013, VA received the Veteran’s notice of disagreement with the decision; however, in a rating decision issued that same month, the AOJ decreased the rating for bilateral hearing loss from 60 percent to 50 percent based on a finding of clear and unmistakable error. In April 2014, the AOJ issued a statement of the case and VA received the Veteran’s substantive appeal to the Board. In September 2015, the Board remanded the case for further development. While on remand, a February 2016 rating decision increased the rating assigned for the Veteran’s service-connected bilateral hearing loss from 50 percent to 90 percent, effective December 3, 2015. In February 2020, the Board denied a rating in excess of 50 percent for bilateral hearing loss for the period prior to December 3, 2015, and remanded the issue of a rating in excess of 90 percent for bilateral hearing loss for the period thereafter. An August 2020 rating decision assigned a 100 percent rating for bilateral hearing loss, effective April 7, 2020, and awarded special monthly compensation (SMC) based on loss of use (deafness in both ears) and Dependents’ Educational Assistance, effective April 7, 2020, respectively. The Board has characterized the issues herein accordingly. 1. Entitlement to a rating in excess of 90 percent for bilateral hearing loss from December 3, 2015, to April 7, 2020, is remanded. The Veteran’s service-connected bilateral hearing loss is currently assigned a 90 percent rating for the period on appeal. Pertinent to the period on appeal, the Veteran underwent VA examination in connection in December 2015. Additionally, a September 2019 VA audio note indicates audiogram and speech testing revealed “moderately severe to profound [sensorineural hearing loss] with speech awareness” in both ears. The note of record also reflects the finding of “decreases in lows and word [recognition].” Unfortunately, the specific pure tone thresholds and speech testing results from this audiogram are not of record. Given the clear relevancy of such results to the issue on appeal, the Board finds remand is warranted to obtain and associate with the record the results of all audiological testing conducted in September 2019 prior to readjudication. 2. Entitlement to a TDIU prior to April 7, 2020, is remanded. On VA examination in April 2020, the Veteran revealed that he was unemployed and had been denied employment several times due to his hearing impairment. Given this evidence, the Board has assumed jurisdiction over the issue of entitlement to a TDIU as part and parcel of the Veteran’s increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009). Further, in light of the awards of a 100 percent rating for bilateral hearing loss and SMC as of April 7, 2020, as noted above, the Board finds the issue of entitlement to a TDIU on and after April 7, 2020, is moot and has characterized the remaining issue on appeal accordingly. As an award in conjunction with the increased rating claim remanded herein could impact the Veteran’s eligibility for a TDIU, such claims are inextricably intertwined. See Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Further, while on remand, the Veteran should be requested to complete and return VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and, thereafter, the AOJ should conduct any indicated development in regard to such claim. The matters are REMANDED for the following actions: 1. Obtain and associate with the record the report of the September 2019 audiogram. 2. The Veteran should be requested to complete and return VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. Thereafter, the AOJ should conduct any indicated development in regard to the Veteran’s claims. M. M. Celli Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Small, Attorney Advisor 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.