Citation Nr: 21063301
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 17-04 755
DATE: October 13, 2021

REMANDED

Entitlement to a disability rating higher than 10 percent for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active duty from June 1970 to June 1973.  

This matter is on appeal from a May 2014 rating decision, which denied a disability rating higher than 10 percent for left ear hearing loss.  

In March 2020, the Veteran had a hearing before the undersigned Veterans Law Judge.

The Board notes that in a March 2020 rating decision, the regional office (RO) granted service connection for right ear hearing loss and granted a 10 percent disability rating for bilateral hearing loss that was effective including from the date of the October 2013 increased rating claim on appeal.  As such, the issue has been recharacterized as indicated.

1.  Entitlement to a disability rating higher than 10 percent for bilateral hearing loss is remanded.

In March 2020, the Veteran indicated that he had a new VA examination since his January 2019 VA examination.  Similarly, in a March 2020 VA medical record, the Veteran indicated that he had undergone a VA examination in January 2020.  The Board remanded, in part to have the Agency of Original Jurisdiction (AOJ) verify that all VA examinations are associated with the claims file.  No such verification has been performed.  Although the April 2021 supplemental statement of the case (SSOC) indicated that VA medical records had been obtained, in the March 2020 VA medical record, the Veteran indicated that his January 2020 VA examination had been performed by a contractor.  As such, the AOJ must still verify whether there is an outstanding VA examination report from a contractor not associated with the claims file.  Another remand is required.  

The Veteran also underwent a new VA examination in March 2020.  That VA examiner found that he was unable to conduct testing on the Veteran.  As an earlier VA examination from 2019 was able to obtain valid results, and this matter is being remanded, the Board concludes that an additional audiological examination is warranted.

The matters are REMANDED for the following actions:

1.  Obtain or verify whether there is an outstanding fee-basis VA examination from January 2020 (as reported by the Veteran in a March 2020 VA medical record).  Associate a copy of that examination report with the claims file.  If no such examination report exists, or the AOJ is unable to obtain a copy of such a report, make that finding clear in the claims file.

2.  Schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his bilateral hearing loss.  The Veteran's claims file and a copy of this remand must be provided to the examiner for review in conjunction with this examination, and the examination reports should reflect review of these items.  

All necessary tests and studies should be performed, and the examiner should describe in detail all symptomatology associated with the Veteran's bilateral hearing loss disability.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.