Citation Nr: 21070007
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 13-02 338
DATE: November 22, 2021

REMANDED

The claim of entitlement to a compensable initial rating prior to October 25, 2015, and higher than 40 percent thereafter, for right ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1960 to December 1967.

This appeal is from a March 2010 rating decision.

In March 2018, the Board remanded this claim for additional development.  Unfortunately, that development has not been substantially completed, and must again be remanded in order to preserve the Veteran's due process rights.

1. The claim of entitlement to a compensable initial rating prior to October 25, 2015, and higher than 40 percent thereafter, for right ear hearing loss is remanded.

The record shows the Veteran was given an audiogram in March 2016.  His VA treatment records indicate that the audiogram can be viewed in "CPRS 'Tools' >> 'Audiogram Display''' and the Board asked a copy of it be associated with the file.  It does not appear to be of record.  

The Board asked the VA examiner to interpret a January 2018 private audiogram, and to discuss the March 2016 audiogram, which did not occur.  The January 2018 private audiogram, in particular, requires interpretation because the test does not distinguish between air conduction and bone induction, and contains an "uncomfortable level" test, which should be addressed.  

On remand, an attempt must be made to get the March 2016 audiogram.  Further, the VA examiner shall be asked to interpret the outstanding hearing tests.  

The matters are REMANDED for the following action:

1. Make an attempt to locate a March 2016 audiogram, noted in his records as being in CPRS under "audiogram display."  Document such attempts for the file.  Associate any other audiograms located there with the claims file.

2. Associate updated VA treatment records with the claims file.

3. After completion of directives 1 and 2, forward the claims file to the March 2021 or April 2021 examiner, if available, or to an appropriate examiner for an addendum report on the severity of the Veteran's hearing loss.  The examiner is asked to interpret the March 2016 VA audiogram and the January 2018 private audiogram into numerical format, along with any other outstanding audiograms associated with the file.  

The January 2018 private audiogram contains both air and bone conduction testing and it is unclear which results apply to which test.  There is an "uncomfortable level" test that the examiner is asked to address.  

 

All opinions must be accompanied with explanation.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Gibson

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.