Citation Nr: 21068864 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 20-30 740 DATE: November 15, 2021 REMANDED Entitlement to an initial compensable evaluation for service-connected bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1966 to May 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 1971 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). That rating decision granted service connection for bilateral hearing loss, with a noncompensable rating, effective May 25, 1971. By way of procedural history, the Board remanded this matter in March 2021. At that time, the Board noted that in an October 2020 Board decision, the Board had found that the Veteran's original claim for service connection for bilateral hearing loss (filed in May 1971) was still on appeal, after finding that the Veteran's March 1972 letter had been a timely notice of disagreement of the September 1971 rating decision. The RO issued a statement of the case (SOC) in October 2020, which the Veteran appealed. 1. Entitlement to an initial, compensable disability rating for bilateral hearing loss is remanded. In March 2021, the Board remanded this matter for a new VA examination, with a retrospective opinion as to the severity of the service-connected hearing loss over the appeal period (from May 25, 1971 to the present). Although a new VA examination was obtained in April 2021, with a May 2021 addendum, that VA examiner did not adequately provide the retrospective opinion requested. The March 2021 Board remand was incorrect in stating that the Veteran's last and only VA examination for bilateral hearing loss was in November 1971. The Veteran also underwent a VA examination for bilateral hearing loss in July 2016. The October 2020 SOC and June 2021 Supplemental Statement of the Case (SSOC) failed to consider this pertinent evidence. As such, a remand is also necessary to allow for RO consideration of this matter. In February 2018 the Veteran submitted a letter from Social Security Administration (SSA) indicating that he was in receipt of SSA benefits. A remand is required to allow VA to request these records, if such records exist. The matters are REMANDED for the following actions: 1. Obtain the Veteran's federal records from SSA, if such records exist. Document all requests for information as well as all responses in the claims file. 2. After the above development is accomplished, obtain a VA medical opinion, from a qualified medical professional, to provide a retrospective medical opinion as to the severity and manifestations of the bilateral hearing loss over the course of the appeal period (May 25, 1971 to the present). This opinion should be in terms of an estimation of audiometric testing results and speech discrimination scores to the extent possible. If this cannot be done, it should be explained why this is so. The claims file must be reviewed by the examiner. If a new VA examination is deemed necessary, one should be provided. All opinions and conclusions must be supported by an explanation. The Board notes that pertinent evidence to consider would include, but is not limited to, (a) the November 1971 VA examination, (b) the July 2016 VA examination, (c) the April 2021 VA examination, (d) VA medical records indicating complaints of, or treatment for, hearing loss, (d) private medical records from the Michigan Ear Institute (received in May 2016 and April 2021), (e) private medical records from the Dallas Ear Institute (received in January 2016, May 2016, and May 2021), (f) lay evidence of record, (g) possible SSA records, and (h) service treatment records. This list is provided to aid the VA medical opinion provider, but the provider should perform his/her own thorough review of the claims file. (Continued on the next page) 3. Perform any additional development deemed warranted. After all development has been accomplished, the Agency of Original Jurisdiction (AOJ) should consider ALL evidence of record (to include the July 2016 VA examination) and issue a new SSOC. 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.