Citation Nr: 21067805
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 16-24 022
DATE: November 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from April 1977 to July 1977 and from April 1979 to August 1981.  

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

In its May 2021 Remand instructions, the Board of Veterans' Appeals (Board) directed that Department of Veterans Affairs (VA) audiometric reports and audiograms referenced in VA clinical documentation dated March 3, 2015, May 26, 2015, and January 14, 2016, be requested.  The requested VA audiometric documentation has not been incorporated into the record.  There is no indication in the record that the VA documentation does not exist or is otherwise unavailable.  

The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matters are REMANDED for the following action:

Obtain any VA treatment records not of record, to include audiometric readings and audiograms referenced in VA treatment reports dated March 3, 2015, May 26, 2015, and January 14, 2016, and those pertaining to treatment after September 2021.  If the cited audiometric documentation cannot be located, a written statement documenting that fact should be prepared and incorporated into the record.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.