Citation Nr: 21073146
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-05 705
DATE: December 7, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for bilateral hearing loss is remanded.

Entitlement to an effective date prior to October 7, 2015 for a grant of a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1963 to November 1982.

This appeal to the Board of Veterans' Appeals (Board) is from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In October 2021, the Veteran testified at a hearing before the undersigned; a transcript of the hearing is in the record. 

1. Entitlement to a rating in excess of 10 percent for bilateral hearing loss is remanded.

At the October 2021 hearing, the Veteran indicated that his hearing loss had worsened since his last VA examination, which was in October 2017, so an examination is needed to obtain current findings.

In January 2017, the Veteran reported he had a hearing test at the Huntington VA Medical Center (VAMC) a couple of months prior to when his VA examination had been scheduled and he was not aware that he needed another examination to be considered in support of his claim.  See January 2017 NOD.  It is unclear if this is in reference to a September 2016 email that showed he was contacted to schedule a VA examination, which he refused because he reported just having had a hearing exam.  The writer was unsure if the Veteran was referring to the December 2015 VA examination.  See September 2016 Miscellaneous C&P Correspondence.

The Board notes that the December 2015 VA examination was at the Huntington VAMC, but to ensure the record is complete, any audiology examinations dated from January 2016 to January 2017 should be associated with the claims file.  VA treatment records since December 2020 should also be added to the record.

2. Entitlement to an effective date prior to October 7, 2015 for a grant of TDIU is remanded.

This claim is part and parcel to the claim for entitlement to a higher rating for the Veteran's hearing loss disability.  See Rice v Shinseki, 22 Vet. App. 447 (2009).  Since the hearing loss rating issue on appeal is being remanded, it would be premature to decide this issue as the two issues are inextricably intertwined.  Accordingly, a remand is required for contemporaneous adjudication.  See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

1. Associate with the claims file any audiological examinations performed at the Huntington VAMC from January 2016 to January 2017.  If no examinations are found, then this should be noted in the record.  VA treatment records since December 2020 should also be added to the record.

2. After the above development is completed, schedule the Veteran for a VA examination to determine the severity of his hearing loss.  The claims file should be made available to review.  The clinician should report the Veteran's history and all pertinent findings from the necessary audiology tests.

3. Thereafter, readjudicate both claims remaining on appeal.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Bredehorst, 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.