Citation Nr: 21004374
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 15-45 789
DATE: January 27, 2021

REMANDED

Entitlement to a compensable evaluation prior to September 16, 2020 and in excess of 40 percent thereafter for a bilateral hearing loss disability is remanded.

Entitlement to a compensable evaluation for asbestosis prior to September 3, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1964 to February 1968.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision by the Department of Veterans Affairs (VA). This case was remanded in May 2019 for further development.

Since the Board’s remand, the Agency of Original Jurisdiction (AOJ) granted an increased rating of 100 percent, effective September 3, 2019, for the Veteran’s asbestos. See August 2020 rating decision. Because that decision represents a full grant of the benefit sought from September 3, 2019, that period of appeal is no longer before the Board.

The AOJ also granted an increased rating of 40 percent, effective September 16, 2020, for the Veteran’s bilateral hearing loss disability. See September 2020 rating decision. The issue has been recharacterized accordingly.

1. Entitlement to a compensable evaluation prior to September 16, 2020 and in excess of 40 percent thereafter for a bilateral hearing loss disability.

November 2019 VA treatment records reflect that the Veteran underwent audiometric testing and that such results were uploaded to “Tools—Specialty Applications—Audiology—Audiogram Display.” Such audiogram results are not of record and should be obtained, if possible. Moreover, such records reflect that the Veteran underwent word recognition testing, but it is unclear whether the Maryland CPC test was used, which is the required speech discrimination test for rating a bilateral hearing loss disability. See 38 C.F.R. § 4.85. Remand is necessary to obtain such missing records and clarification.

2. Entitlement to a compensable evaluation for asbestosis prior to September 3, 2019.

VA treatment records reflect that the Veteran has been seeing a private pulmonologist since at least 2017. See March 2017 VA treatment records. Because such records may contain relevant evidence, remand is necessary to attempt to obtain those records.

The matters are REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records from August 2020 to the present.

2. The AOJ should obtain November 2019 VA treatment audiogram results that were uploaded to “Tools—Specialty Applications—Audiology—Audiogram Display.” Simply obtaining duplicative CAPRI records will not be deemed sufficient.

3. The AOJ should obtain clarification regarding whether word recognition scores in November 2019 VA treatment records were done using the Maryland CPC test.

4. The AOJ should obtain, if possible, records of relevant private evaluations and treatment the Veteran has received, such as by a pulmonologist. The Veteran must assist in the matter by identifying his private healthcare providers and by submitting releases for VA to obtain any private records identified.

5. If upon completion of the above action the issues remain 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.