Citation Nr: 21072776
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 17-26 189
DATE: December 6, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from July 1981 to October 1981 and in the U.S. Navy from August 1988 to July 1989.

This matter comes before the Board of Veterans' Appeals (Board) from a December 2016 rating decision issued a Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for bilateral hearing loss at a noncompensable rating, effective December 29, 2009.

The Veteran testified at a hearing before the undersigned Veterans Law Judge in November 2020. A transcript of the hearing has been associated with the claims file.

The Veteran was scheduled for VA examinations in August 2018 and November 2019 to assess the severity of his hearing loss disability, to which he failed to appear. He contends that he did not receive notice of the examinations. The record is unclear whether the Veteran was informed of the date, time, and place of these examinations.  Moreover, the Veteran testified that his hearing loss has worsened since his last VA examination in August 2014. 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA audiological examination to determine the current severity of his service-connected bilateral hearing loss. The entire claims file must be made available to, and be reviewed by, the examiner in conjunction with the examination. Any indicated tests and studies must be accomplished, and all clinical findings should be reported in detail.

A copy of the notification letter advising him of the time, date, and location of the examination must be included in the claims file and must reflect that it was sent to his last known address of record.

The Veteran must also be advised of the importance of reporting to the scheduled VA examination and of the possible adverse consequences, to include the denial of his claim, of failing, without good cause, to so report.

If he fails to report, the claims file must indicate whether the notification letter was returned as undeliverable.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fairlie, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.