Citation Nr: 21072084 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 10-44 279 DATE: December 2, 2021 REMANDED Entitlement to increases in the (10 percent prior to April 3, 2013, 60 percent from April 3, 2013 to October 11, 2019, and 80 percent from that date) staged ratings assigned for bilateral hearing loss, is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from November 1964 to November 1968. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating decision which continued a 10 percent rating for bilateral hearing loss. In December 2011, a videoconference hearing was held before the undersigned; a transcript is in the record. A February 2014 rating decision increased the rating to 40 percent effective February 3, 2014. A July 2014 rating decision increased the rating to 60 percent effective April 3, 2013 (effectively replacing the 40 percent rating assigned in February 2014). In November 2018, the case was remanded for further development. An interim (July 2020) rating decision increased the rating to 80 percent, effective October 11, 2019. In October 2020 and June 2021, the case was remanded for further development. While the Board sincerely regrets the further delay in resolution of this matter, and is aware that this matter has been pending for years (and that the matter has been advanced on the Board's docket), it finds a remand for further evidentiary development unavoidable. An April 2021 VA treatment record (received as part of the development directed in the June 2021 Board remand) notes that the provider indicated that the Veteran needed visual cues to communicate due to worsening hearing. The Veteran reported that he did not use the telephone, had difficulty with one-on-one and group conversations, and had difficulty hearing the TV. An audiological examination was conducted, but the audiometry findings are not included in the treatment records in the file. The provider noted that the pure tone audiometry was consistent with previously documented bilateral sensorineural hearing loss, and that the Veteran experienced severe to profound hearing loss with little speech discrimination. Word recognition was 25 percent in the right ear and 20 percent in the left ear using live voice presentation of Maryland CNC words. The Board notes that review of complete audiometry findings (including puretone threshold study results) is necessary for proper evaluation of hearing loss disability (and the word recognition percentages strongly suggest a rating increase). A remand for a copy of the complete report (or alternatively for another examination) is necessary. Additionally, in the June 2021 remand, the Board directed that any further development suggested by the evidence received (to specifically include the February 2016 audiometry and evaluation report) be arranged and to readjudicate the matter on appeal (i.e., directing that the February 2016 audiometry and evaluation report be reviewed and assign a rating from the date of the audiometry, if warranted). However, the August 2021 supplemental statement of the case (SSOC), merely notes that "We have received the audiology report from VA Medical Center Fayetteville dated February 25, 2016." No attempt was made to readjudicate the matter based on the (apparently valid) results that would possibly have increased the rating between February and June 2016. As the SSOC did not properly address the Board's directive, there has not been compliance with the Board's June 2021 Remand. Therefore, remand for an appropriate SSOC (with opportunity for the Veteran to respond) that cures this procedural defect is necessary. The matter is REMANDED for the following: 1. Secure for the record a copy of the April 2021 complete VA audiometry report (including puretone audiometry reported in numerical values). If such is unavailable, the reason must be explained for the record. 2. If, and only if, the complete April 2021 audiometry report sought above is unavailable, arrange for a VA audiological examination of the Veteran (with audiometric studies) to ascertain the current severity of his bilateral hearing loss. The Veteran's record must be reviewed by the examiner. Elicit from the Veteran an account of the impact his hearing loss has on daily activity functioning, and comment whether his account is consistent with the audiometry, as well as on the impact the level of hearing impairment shown by audiometry would be expected to have on occupational functioning. The examiner must include rationale with all opinions. 3. Then arrange for any further development suggested by the evidence received and readjudicate the matter on appeal (to include determining whether or not a rating increase is warranted based on the February 2016 audiometry and report. GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Bayles, 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.