Citation Nr: 21004825
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 18-23 517
DATE: January 28, 2021

REMANDED

Entitlement to a rating in excess of 40 percent prior to April 28, 2014, in excess of 70 percent from April 28, 2014, to October 13, 2020, and in excess of 80 percent from October 14, 2020, for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1952 to January 1956.

This appeal was previously before the Board in January 2020, at which time, it included the propriety of the reduction from 40 percent to 20 percent effective November 1, 2015.  Subsequently, the agency of original jurisdiction (AOJ) issued a rating decision in October 2020 that increased the rating assigned to the Veteran’s service-connected bilateral hearing loss to 70 percent, effective April 28, 2014.  This decision renders moot the issue of the propriety of the reduction from 40 percent to 20 percent effective November 1, 2015.

In January 2020, the Board determined that a remand was necessary as there appeared to be outstanding VA treatment records.  Specifically, the Board noted that, while an April 2015 VA Audiology Consult indicated that the Veteran underwent an audiological evaluation, and a summary of the results were provided, the specific results of the April 2015 audiogram were not provided.  Thus, the Board directed the AOJ to obtain the results of April 2015 VA audiogram.

Following the January 2020 remand, the AOJ associated with the claims file VA treatment records dated from December 2012 to September 2019, including the April 2015 VA Audiology Consult; however, the specific results of April 2015 VA audiogram were not associated with the claims file, and there is no indication that the results are otherwise unavailable.

As such, the Board finds that there has not been substantial compliance with the January 2020 remand, and another remand is required.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Associate any outstanding VA treatment records with the claims file, to specifically include the results of the April 30, 2015 VA audiogram, as well as all records dated from July 28, 2020, to the present.  The Board wishes to make clear that although the April 30, 2015 VA Audiology Consult, which summarized the audiometric test results, is on file, the actual test results of the complete audiogram are not.  These test results are what the Board is requesting.  If such results are unavailable, this should be made clear in the record.  

2. Thereafter, readjudicate the appeal.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	James R. Springer, 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.