Citation Nr: 21066112
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 12-33 952
DATE: October 28, 2021

REMANDED

Entitlement to a disability rating higher than 20 percent for bilateral hearing loss with tinnitus (previously rated as deafness with tinnitus and dizziness) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from February 1963 to November 1965.

This appeal to the Board of Veterans' Appeals (Board) is from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In support of this claim, the Veteran testified at a videoconference hearing in January 2016 before the undersigned Veterans Law Judge (VLJ) of the Board. A transcript of the hearing is of record.

In July 2018, the Board remanded this claim back to the RO for further development and consideration.  Following that additional development, the Board denied this claim in a July 2020 decision, and in response the Veteran appealed that decision to the higher U. S. Court of Appeals for Veterans Claims (Veterans Court/CAVC).  

Pursuant to agreement in a Joint Motion for Remand (JMR), the Court issued an Order in August 2021 vacating the Board's decision denying this claim and remanding it back to the Board for still more development. To comply with the Court's Order, the Board in turn is remanding this claim back to the RO (Agency of Original Jurisdiction (AOJ)) so the Veteran can be reexamined for additional medical comment that is needed before readjudicating this claim.

Accordingly, this claim is again REMANDED for the following still additional development and consideration:

Provide the Veteran another VA examination for additional medical comment (addendum opinion) concerning the severity of his service-connected bilateral hearing loss with tinnitus  including to ascertain all residuals, meaning owing to both (e.g., Meniere's disease seemingly causing dizziness). 

All pertinent evidence of record should be made available to and reviewed by the VA examiner, including a complete copy of this remand and the JMR. All necessary testing and evaluation must be performed.

 

Based on the additional evidence obtained, including the results of this additional VA examination, if appropriate the RO should also consider whether service connection and separate ratings are warranted for any additional manifestation of the service-connected bilateral hearing loss with tinnitus, particularly dizziness possibly caused by Meniere's disease.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Baronofsky

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.