Citation Nr: 21075962 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 17-00 196 DATE: December 22, 2021 REMANDED Entitlement to a compensable rating for defective hearing prior to July 28, 2020, is remanded. Entitlement to service connection for hypertension, to include as secondary to service-connected defective hearing, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1977 to January 1981. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. In June 2019, the Board remanded the issues to afford the RO the opportunity to adjudicate the claims on appeal. In September 2020, the RO granted a 100 percent disability rating for the Veteran's service-connected defective hearing, effective July 28, 2020. The Veteran is still seeking an increased evaluation for his service-connected defective hearing prior to July 28, 2020. 1. Entitlement to a compensable rating for defective hearing is remanded. 2. Entitlement to service connection for hypertension, to include as secondary to service-connected defective hearing, is remanded. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Since issuance of the last Supplemental Statement of the Case (SSOC) in September 2020, additional VA medical records, relevant to the issue on appeal, have been associated with the Veteran's claims file. Specifically, a November 2020 VA examination addressing the Veteran's defective hearing and August and November 2020 private treatment records addressing the Veteran's claim for service connection for hypertension, were added to the clams file after the September 2020 SSOC but were not considered by the RO before the Veteran's appeal was transferred to the Board. The Board notes that a waiver of agency of original jurisdiction (AOJ) review has not been submitted, nor is a waiver presumed pursuant to 38 U.S.C. § 7105(e)(1) for the evidence pertinent to the Veteran's defective hearing, because the evidence was generated by VA (rather than submitted by the Veteran). However, as the claim is being remanded, no prejudice to the Veteran will result in proceeding without a waiver. A remand of the issue of entitlement to a higher rating for hearing loss prior to July 28, 2020, is required. Upon remand, a retrospective medical opinion addressing the severity of the service-connected hearing loss during the entire appeal period should be obtained. See Chotta v. Peake, 22 Vet. App. 80 (2008); Vigil v. Peake, 22 Vet. App. 63 (2008). With regard to the claim for service connection for hypertension, in the August 2019 remand, the Board noted that the Veteran had a current diagnosis of hypertension. The Veteran contended that his elevated blood pressure readings in service indicated prehypertension. He further contended that his enlistment application indicated that he served having hypertension. The Board then directed that the Veteran be provided with an appropriate examination to determine the etiology of hypertension. Thereafter, on a VA examination in August 2020, it was noted that there were no service treatment records describing hypertension and that the Veteran did not start blood pressure medication until 2003. There was no consideration of any elevated blood pressure readings in service or discussion of the Veteran's enlistment application that he contended indicated he served with hypertension. With regard to the claim for service connection for hypertension, the Board notes that in the August 2020 VA opinion, the examiner did not specifically address the elevated blood pressure readings contained in the Veteran's service treatment records. Thus, the Board finds that there was not substantial compliance with the prior remand and another remand is warranted. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file any outstanding VA treatment records. The most recent VA treatment records date to August 2019. 2. Provide the Veteran with another opportunity to identify and/or submit any outstanding private treatment records relevant to his claims. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained. 3. After any additional records are associated with the claims file, schedule the Veteran for an examination by an appropriate clinician to determine the severity of his service-connected hearing loss. The examiner should provide a full description of the Veteran's hearing loss and report all signs and symptoms necessary for evaluating the disability under the rating criteria. To the extent possible, the examiner should identify any symptoms and functional impairments due to the service-connected hearing loss alone and discuss the effect of the Veteran's disability on any occupational functioning and activities of daily living. Also, based on any examination findings and the Veteran's documented medical history and lay assertions, the clinician should identify the nature and severity of any symptoms and functional impairments associated with the service-connected hearing loss during the appeal period since August 2013 and, if possible, indicate (a) whether at any point(s) during this period the disability increased in severity; (b) the approximate date(s) of any such change(s); and (c) the severity of the disability on each date. The examiner must provide reasons for each opinion given. 4. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the etiology of hypertension. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The examiner must provide an opinion whether it is at least as likely as not (50 percent or greater probability) that hypertension had its onset during service, was manifest within a year of service, or is otherwise related to active service. The examiner must specifically address the elevated blood pressure readings contained in the Veteran's service treatment records. 5. Readjudicate the claim on appeal based on the entirety of the evidence. If any benefit sought remains denied, issue a SSOC and allow the Veteran an appropriate period of time to respond. Kelly A. Gastoukian Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kelsey Love, 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.