Citation Nr: 21076009 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 20-07 028 DATE: December 22, 2021 ORDER Entitlement to a compensable evaluation for a left ear condition prior to September 2, 2021 is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, prior to September 2, 2021, chronic suppurative otitis media was manifested by intermittent suppuration. CONCLUSION OF LAW Prior to September 2, 2021, the criteria for a 10 percent rating for left ear chronic suppurative otitis media have been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. § 3.102, 3.321, 4.1, 4.2, 4.6, 4.87, Diagnostic Code (DC) 6200. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1961 to March 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the RO granted the Veteran's claim for a compensable rating for his left ear condition from September 2, 2021, in an October 2021 rating decision. In September 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. The Veteran's claims were previously remanded by the Board in an October 2020 decision. The Board finds that the RO has substantially complied with the October 2020 Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). This appeal has been advanced on docket pursuant to 38 C.F.R. § 20.900 (c); 38 U.S.C. § 7107 (a)(2). The Board also notes that the Veteran's claim for an increased rating for his bilateral hearing loss is being determined separately and is not currently before the Board. Entitlement to a compensable evaluation for a left ear condition prior to September 2, 2021 The Veteran contends that his left ear condition, diagnosed as left ear chronic suppurative otitis media, is worse than previously rated. The Veteran reported that he required surgery for his left ear condition and experiences multiple ear infections each year. In October 2018, a buddy submitted a lay statement indicating the Veteran is extremely susceptible to ear infections and has at least 3 to 4 a year requiring him to seek medical care. The buddy noted the Veteran treats with a private ear, nose, and throat physician. The Board notes that lay people are wholly competent to self-diagnose and report the onset and course of simple, lay-observable conditions, as well as the onset and frequency of a condition. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (2007); Charles v. Principi, 16 Vet. App. 370 (2002). Thus, a lay account of experiencing of multiple infections with discharge per year is competent evidence. The Board finds no reason to doubt the veracity of those statements and finds them credible. In September 2021, the Veteran underwent an updated VA examination for his chronic suppurative otitis media and residuals of a ruptured left ear drum. The Veteran reported that his condition had progressed/worsened, and he experienced yellowish drainage from the year. The examiner noted the Veteran had a hearing impairment with tinnitus and is unstable on his feet but was unable to ascertain the origin of the instability due to the Veteran's multiple co-morbidities. The examiner noted active suppuration and past surgeries on his left ear. On physical examination, the examiner noted abnormal crusted material in the ear canal, an unsteady gait, and a perforated tympanic membrane. The Board finds that the evidence of record supports a 10 percent rating is warranted prior to September 2, 2021. The RO awarded a noncompensable rating prior to September 2, 2021, and a 10 percent rating thereafter. However, the Board determines the medical and lay evidence of record, including the Veteran's October 2020 hearing testimony, shows he suffers chronic suppuration in the ears for the entire appeal period. This is particularly so when reasonable doubt is resolved in the Veteran's favor. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 4.3. Thus, a 10 percent rating is warranted for chronic suppurative otitis media prior to September 2, 2021, and not just from the specific date of the VA examination noting such. See Swain v. McDonald, 27 Vet. App. 219, 224 (2015). The Board considered other ratings under 38 C.F.R. § 4.87 but found DC 6200 to be the most appropriate for the Veteran's condition. Therefore, the Board accordingly finds that the Veteran's chronic suppurative otitis media approximates symptoms of chronic suppuration during the entire appeal period. See 38 C.F.R. § 4.7. The Board notes that with this current decision to grant the 10 percent rating for the entire appeal period, the Veteran is awarded the maximum rating possible under DC 6200 for this aspect of his service-connected ear condition. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Taylor, 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.