Citation Nr: 21002189
Decision Date: 01/13/21	Archive Date: 01/13/21

DOCKET NO. 15-27 049
DATE: January 13, 2021

REMANDED

Entitlement to a compensable evaluation for a bilateral hearing loss disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1968 to August 1992.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by the Department of Veterans Affairs (VA). This case was remanded in March 2019.

Entitlement to a compensable evaluation for a bilateral hearing loss disability.

November 2017 VA treatment records reflect that the Veteran underwent audiometric testing and that an audiogram was scanned into the records. The scanned audiogram is not of record. Thus, remand is necessary to attempt to obtain the audiogram.

The November 2017 VA treatment records also suggest that bilateral amplification was necessary. The Veteran’s only VA examination for his hearing loss disability occurred in May 2014. Thus, after resolving reasonable doubt in his favor, the Board finds that remand for a contemporaneous examination is required to assess the current severity of his service-connected disability. See Green v. Derwinski, 1 Vet. App. 121 (1991); see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The matter is REMANDED for the following action:

1. The AOJ should obtain the scanned audiogram from the Veteran’s November 2017 VA treatment records. Simply obtaining November 2017 CAPRI records is not sufficient. All attempts to obtain the scanned audiogram must be recorded in the claim file, if the scanned audiogram is not obtained.

2. The AOJ should obtain copies of VA treatment records from October 2019 to the present.

3. After the development in the first two directives is completed, the AOJ should arrange for a VA audiological evaluation (with audiometric studies) to determine the current severity of the Veteran’s bilateral hearing loss disability. In addition to reporting audiometry results, the examiner should elicit from the Veteran information as to the effect his hearing loss has on his daily living, and comment on the expected impact the degree of hearing loss found would have on occupational and social functioning (i.e., provide an opinion as to whether the Veteran’s reports of functional impairment are consistent with his level of hearing loss shown).

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4. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Sandler, 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.