Citation Nr: 21074466
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 19-24 931
DATE: December 15, 2021

REMANDED

The propriety of a reduction in the rating for hearing loss from 50 to 30 percent effective January 1, 2019 is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from October 1965 to September 1967.  This appeal is before the Board of Veterans' Appeals (Board) from an October 2018 rating decision. In October 2021, a hearing was held before the undersigned; a transcript is of record. 

1. The propriety of a reduction in the rating for hearing loss from 50 to 30 percent effective January 1, 2019 is remanded.

The Veteran maintains that his hearing has not improved and, in fact, has worsened. He submitted copies of a December 2018 VA audiological consultation note and accompanying audiometric data in support of this appeal. Those records indicate that, just before the reduction on appeal went into effect, the Veteran's pure-tone threshold scores had deteriorated (with four-frequency averages of 78 and 79 decibels) since the August 2017 examination relied upon in the rating decision on appeal (which showed four-frequency averages of 73 and 75). While that record did not include word recognition or speech discrimination scores, applying the December 2018 pure-tone threshold scores alone to Table VIa of 38 C.F.R. § 4.85 also suggests deterioration in overall hearing acuity since the August 2017 examination. Moreover, those scores were apparently missing because the Veteran said he could not hear the word lists, and the providers indicated he would be retested three months later (around March 2019, just after the reduction in question became effective). 

The Board notes that the record did not include this VA treatment record, or any others more recent than November 2017 (roughly a year before the final rating action on appeal), even though records indicate the Veteran was regularly re-evaluated for hearing loss. Under the circumstances, the Board finds that additional development to obtain records that may contain pertinent and critical audiometric findings (including a possible March 2019 audiological retest) and are constructively of record is needed in order to assess whether the evaluation relied upon in the rating decision on appeal actually reflected functional improvement under the ordinary conditions of life and work or merely isolated, temporary improvement.

The matters are REMANDED for the following action:

1. Obtain all updated records (i.e., those not already of record) of VA and adequately identified private audiological treatment, TO SPECIFICALLY INCLUDE all VA audiological evaluations and audiometric test results (i.e., pure-tone thresholds and Maryland CNC word recognition or speech discrimination scores) since November 2017.

 

2. Conduct any additional development indicated (e.g., arranging for additional audiological evaluations as needed to reconcile conflicting findings or obtain additional medical clarification) before readjudicating the issue on appeal.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Yuan, 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.