Citation Nr: 21074418
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 17-52 761
DATE: December 15, 2021

REMANDED

Entitlement to a compensable rating for bilateral hearing loss is remanded.  

REASONS FOR REMAND

The Veteran had active service from August 2003 to August 2007.  

Entitlement to a compensable rating for bilateral hearing loss is remanded.  

The Veteran asserts that a 50 percent rating is warranted for the service connected bilateral hearing loss.  

The Veteran was last afforded a Department of Veterans Affairs (VA) audiological examination in December 2014.  VA's duty to assist includes, in appropriate cases, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive.  McLendon v. Nicholson, 20 Vet. App. 79 (2006); Green v. Derwinski, 1 Vet. App. 121, 124 (1991).  Given the nature of hearing loss disability and the passage of seven years since the last examination, the Board of Veterans' Appeals (Board) finds that further VA evaluation is needed.  

Clinical documentation dated after February 2016 is not of record.  VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claims.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated him for the service-connected bilateral hearing loss.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

2. Obtain the Veteran's VA clinical documentation not already of record, including that pertaining to treatment after February 2016.  

3. Schedule the Veteran for a VA audiology evaluation in order to determine the current nature and severity of the service connected bilateral hearing loss.  The examiner must review the record and should note that review in the report.  Audiometric testing should be performed, and the results reported.  The Maryland CNC test should be administered.  The examiner should specifically address the impact of bilateral hearing loss disability on the Veteran's vocational pursuits.  A rationale for all opinions should be provided.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.