Citation Nr: 21064402
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 17-59 116
DATE: October 20, 2021

REMANDED

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

Entitlement to service connection for left ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from January 1984 to May 2012, to include service in the Southwest Asia theater of operations. This matter comes before the Board of Veterans' Appeals (Board) from a February 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified before the undersigned Veterans Law Judge at a virtual Board hearing. 

The issues on appeal have been broadened to include entitlement to service connection for left ear hearing loss, given the Veteran's contentions. See Clemons v. Shinseki, 23 Vet. App. 1 (2009); September 2015 Notice of Disagreement (NOD).

The Veteran's representative waived initial RO consideration of treatment records associated with the claims file after the most recent Statement of the Case (SOC) in September 2017. See July 2021 Board hearing transcript (Tr.) at 2.

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

2. Entitlement to service connection for left ear hearing loss is remanded.

The Veteran seeks a compensable rating for his hearing loss and asserts that his left ear hearing loss is due to hazardous noise exposure in active service. See Tr. 2-8; November 2017 VA Form 9; September 2015 NOD. 

The severity of the Veteran's service-connected right ear hearing loss does not rise to the level of a compensable rating on its own. See 38 C.F.R. § 4.85, Tables VI and VII; January 2015 and June 2020 C&P audiology examinations. Although the January 2015 examiner opined that the Veteran's left ear hearing loss was at least as likely as not due to active service, the results of audiology examinations of the left ear do not meet the regulatory criteria for hearing impairment for VA purposes. See 38 C.F.R. § 3.385. The Veteran testified, however, that his hearing has worsened in both ears since his most recent audiological examination in June 2020. Tr. 4. Accordingly, remand is warranted to schedule the Veteran for an audiology examination to determine the current severity of his hearing loss. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Updated VA and private treatment records should also be secured.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding pertinent private treatment records.

3. Then schedule the Veteran for an audiology examination to determine the current severity of his right and left ear hearing loss. The entire claims file must be made available to and reviewed by the examiner. All results should be reported in detail, to include all functional effects and any occupational impairment associated with the Veteran's hearing loss. Please note no nexus opinion is needed addressing the etiology of left ear hearing loss, as that condition has already been related to service. 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. deBruyn, 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.