Citation Nr: 21004644
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 17-41 611
DATE: January 27, 2021

REMANDED

Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1966 to June 1978.

This case is before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

In his August 2017 substantive appeal, the Veteran requested a videoconference hearing before a Veterans Law Judge.  The Veteran was scheduled for a September 2020 videoconference hearing.  However, in August 2020 correspondence, the Veteran notified the Board that he wished to cancel his hearing.  As such, the Board considers his hearing request withdrawn pursuant to 38 C.F.R. § 20.704(e).

1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

The Veteran stated that he receives yearly hearing exams at the VA Peoria Community Based Outpatient Center (CBOC) and requested that the Board consider these hearing exams when adjudicating his appeal.  See August 2020 correspondence from the Veteran.

VA treatment records contain a June 2016 Audiology consult from the Peoria OPC noting that pure tone air thresholds were obtained, and the audiometric test results were stored via Vista Quasar audiogram module.  See June 2016 audiology consult from the Peoria OPC.

Without these audiogram results, the Board cannot fully determine whether an initial compensable rating is warranted for the Veteran’s bilateral hearing loss.  As such, the Board finds that a remand is required to obtain the June 2016 audiometric test results stored in the Vista Quasar audiogram module.

2. Entitlement to service connection for tinnitus is remanded.

The Board finds that the outcome of the claim for service connection for tinnitus could be affected by the results of development ordered on remand.  Specifically, the June 2016 VA audiology note could also provide pertinent information regarding the Veteran’s claim for service connection for tinnitus.  Therefore, the Board finds that service connection for tinnitus is inextricably intertwined with the issue of an increased rating for bilateral hearing loss and should be deferred until the development requested is complete.  See Harris v. Derwinski, 1 Vet. App. 180 (1991) (the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making); see also Smith v. Gober, 236 F.3d 1370, 1373 (Fed. Cir. 2001).

The matters are REMANDED for the following actions:

1. Obtain updated VA treatment records.

2. Obtain and associate with the claims file a copy of the June 2016 audiogram referenced in the Veteran’s VA treatment records.  The search must include requests for all complete, outstanding audiograms, including images stored in the Vista Quasar audiogram module.  Any other VA audiograms recoverable from Vista must also be associated with the claims file.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Alison M. Mecone, Associate 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.