Citation Nr: 21063438
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 10-39 462
DATE: October 14, 2021

REMANDED

Entitlement to a rating in excess of 10 percent prior to January 6, 2009, a compensable rating from January 6, 2009, to October 29, 2019, and in excess of 30 percent thereafter for bilateral hearing loss, to include whether the reduction in the rating from 10 percent to noncompensable was proper, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to June 1968.  This matter comes before the Board of Veteran's Appeals (Board) on appeal from a May 2009 rating decision issued by a Department of Veterans' Affairs (VA) Regional Office. In May 2012, the Veteran and his spouse and, in June 2021, the Veteran testified before the undersigned Veterans Law Judge. Transcripts of both hearings have been associated with the record. In March 2013, October 2015, January 2017, March 2019, and July 2021, the Board remanded the case for additional development and it now returns for further appellate review.  

Entitlement to a rating in excess of 10 percent prior to January 6, 2009, a compensable rating from January 6, 2009, to October 29, 2019, and in excess of 30 percent thereafter for bilateral hearing loss, to include whether the reduction in the rating from 10 percent to noncompensable was proper.

In July 2021, the Board remanded the case in order to obtain outstanding VA treatment records in light of the Veteran's report at the June 2021 Board hearing that he most recently underwent audiometric testing in January 2021. Upon remand, updated VA treatment records dated through August 2021 were obtained; however, complete audiometric test results from January 2021 were not obtained. Specifically, such record indicates "See Audiogram Display under Audiology in the Tools section of CPRS for test results."  Thus, the Board finds that a remand is necessary in order to ensure compliance with the July 2021 remand directives and obtain a copy of the missing audiogram. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Thereafter, the AOJ should then review the file and conduct any additional development necessary for the adjudication of the Veteran's increased rating claim, to include, if indicated, affording him a contemporaneous VA examination. 

The matter is REMANDED for the following action:

1. Obtain the January 2021 VA audiogram display.  In this regard, the AOJ is advised that such may be contained in VistA Imaging rather than CAPRI. 

2. Thereafter, review the file and conduct any additional development necessary for the adjudication of the Veteran's increased rating claim, to include, if indicated, affording him a contemporaneous VA examination. 

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Koria B. Stanton, 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.