Citation Nr: 21061779
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-14 988
DATE: October 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1959 to August 1962.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a July 2015 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  A hearing was held before the undersigned in April 2019.  

In July 2019, the Board remanded the claim for additional development.  In April 2020, the Board denied a compensable rating for bilateral hearing loss.  The Veteran appealed the denial to the United State Court of Appeals for Veterans Claims (Court).  In May 2021, the Court granted the parties' Joint Motion for Remand (JMR) to vacate the Board's denial.

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

In the May 2021 JMR, the parties agreed that the Board erred by failing to ensure that VA had satisfied its duty to assist in obtaining outstanding private treatment records.  In particular, the JMR noted that the Board was on notice of the existence of potentially relevant medical records from Dr. J., the Veteran's private primary care provider.  VA did not obtain Dr. J.'s records and VA failed to adequately notify the Veteran that the records were not obtained.  Thus, the Board's decision, which denied a compensable rating for bilateral hearing loss, was issued without ensuring VA's duty to assist was satisfied.  

Pursuant to the JMR and to ensure fulfillment of VA's duty to assist, the matter is REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from February 2020 to the present. 

2. Ask the Veteran to identify the Vet Center referenced in his June 2015 claim form and to identify any other Vet Center where he received treatment.  Ask the Veteran to complete an appropriate release form to allow VA to obtain outstanding treatment records from any Vet Center identified.  Obtain the Veteran's Vet Center treatment records.  Document all requests for information as well as all responses in the claims file.

3. Ask the Veteran to complete a VA Form 21-4142 for Dr. J., his primary care provider.  Make two requests for the authorized records from Dr. J. unless it is clear after the first request that a second request would be futile.  

4. Ask the Veteran to complete a VA Form 21-4142 for any other private treatment provider who may have records which are not yet associated with the claims file and are relevant to his claim for a compensable rating for bilateral hearing loss.  Make two requests for the authorized records from any private treatment provider identified unless it is clear after the first request that a second request would be futile.  

5. If records cannot be obtained from Dr. J. or any other private treatment provider identified, contact the Veteran to inform him that the records were not obtained.  This notice must specifically identify, by name, Dr. J. or other providers from whom VA was unable to obtain records.  Ask the Veteran to obtain the outstanding records and to provide them to VA.  This request must specifically identify the providers by name.  

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jeanne Celtnieks

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.