Citation Nr: 21073135 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 14-36 722 DATE: December 7, 2021 REMANDED Entitlement to a rating in excess of 20 percent for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active from July 1967 to April 1969. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Originally, the RO, denied service connection for left ear hearing loss while granting a compensable rating for right ear hearing loss. In September 2014, while the appeal was pending, the RO established service connection for left ear hearing loss and assigned a 20 percent rating for bilateral hearing loss, effective March 1, 2012. The matter has a long history of Board remands.Beginning in April 2018, the Board remanded the case to afford the Veteran a new VA examination, after finding that it could not consider the Veteran's claim for an increased disability rating for hearing loss without further medical documentation. The remand found the Veteran's June 2014 VA hearing examination invalid because the VA examiner could not test (CNT) the Veteran's right ear hearing in decibels at 4000 Hertz. The reason given by the examiner was that the threshold exceeded the output of the audiometer. The Veteran failed to show up for his examination following the April 2018 remand. A September 2019 Board remand indicated eviction proceedings had been started against the Veteran in November 2018. The September 2019 remand further indicated that by June 2019, when the RO ordered an audiological examination the request was sent to the Veteran's old address. Given the Veteran never received proper notice of the April 2018 examination order, the September 2019 remand granted the Veteran another VA examination Despite documented efforts to provide the Veteran with notice concerning the September 2019 remand order, the RO was not able to contact the Veteran. As result, a June 2020 Board Remand found that an additional remand to schedule the Veteran for yet another new VA examination would be futile. The Board, nevertheless, remanded the case after determining VA treatment records relevant to the Veteran's appeal had not been associated with the claims file for appellate review. Specifically, VA treatment records indicated the Veteran underwent audiological testing in March 2013; however, those results had not been associated with the record. The June 2020 remand further indicated that a July 2018 audiogram was also not associated with the record either. The Board, therefore, remanded the case to obtain all outstanding VA treatment records, to specifically include all results and images from audiological testing performed in March 2013 and July 2018. The issue on appeal was most recently remanded by the Board in June 2021because the June 2020 remand was not fully complied with. Specifically, the June 2021 remand indicated that even before the June 2020 remand, the RO had associated updated VA treatment records with the claims file, as well as copies of the clinical reports from the aforementioned visits in March 2013 and July 2018. The June 2021 remand acknowledged that the clinical reports of the above visits were already part of the record at the time of the June 2020 remand, however, the audiometric testing results were never provided. The June 2021 remand clarified that it was "seeking documentation of the actual results of the audiometric testing that was performed during those two visits." The June 2021 Remand did not include an order for the Veteran to receive a new VA examination. The results of the Veteran's March 2013 audiometric testing have been associated with the record; these show hearing loss consistent with a 20% rating. As to the July 2018 records, the RO was unable to find complete audiometric testing records from the VA medical centers. In September 2021, the RO, issued a formal finding concerning the June 2018 pure tone threshold and speech discrimination testing results. The RO determined that the actual pure tone threshold and speech discrimination testing records could not be located and therefore were unavailable for review. The RO further stated that all efforts to obtain the needed information have been exhausted, and based on these facts, it has been determined that further attempts to obtain the records would be futile. See also September 2021, SSOC citing to the September 2021 formal finding. As the June 2021 Board remand noted, the Veteran's July 2018 audiology medical record had been associated with the record, however as indicated in the September 2021 SSOC, those records were incomplete. Notably, the July 2018 audiology report showed a speech recognition (CNC) of 94% in the right ear and 88% in the left ear. Since the June 2020 remand, Social Security Administration inquiries from September 2020 and April 2021 show an updated address for the Veteran. The Veteran's most recent valid hearing examination was from March 2013. While the Veteran was afforded opportunities for additional hearing examinations between March 2013, and September 2019, the Veteran never actually underwent an examination because until September 2020, the VA did not have the Veteran's correct address on file. Given that it appears that the VA now has the Veteran's correct address, the Board finds that a new VA examination is warranted. The matters are REMANDED for the following action: 1. Ensure the Veteran's current mailing address is on file and is being used for all correspondence. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss disability. To the extent possible, the examiner should identify any symptoms and functional impairments due to the bilateral hearing loss disability alone and discuss the effect of the Veteran's bilateral hearing loss disability on any occupational functioning and activities of daily living. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran an SSOC and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. David Gratz Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mintz, Allison 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.