Citation Nr: A21020008
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 211110-196981
DATE: December 15, 2021

REMANDED

Evaluation of bilateral hearing loss, which is currently 10-percent disabling, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1966 to March 1968.

In a November 2020 rating decision, the RO granted service connection for bilateral hearing loss and assigned an initial 10 percent disability rating, effective May 31, 2017.  In March 2021, the Veteran submitted a VA Form 20-0996 requesting Higher Level Review of the November 2020 rating decision.  In a May 2021 Higher Level Review decision, the RO continued the assignment of a 10 percent rating for the Veteran's service-connected bilateral hearing loss.  In November 2021, the Veteran submitted a Decision Review Request, Board Appeal, and selected the direct review option by a Veteran's Law Judge.  See VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), dated November 10, 2021.  Accordingly, the Board's current review is limited to the evidence of record at the time of the November 2020 Agency of Original Jurisdiction's (AOJ) decision on appeal.  38 C.F.R.  § 20.301.

 

1. Evaluation of bilateral hearing loss, which is currently 10-percent disabling, is remanded.

The Veteran submitted a Supplemental Claim seeking service connection for hearing loss in May 2017.  As noted above, his claim for service connection for hearing loss was granted effective from May 31, 2017, the date of his claim.  The Veteran disagreed with the 10 percent rating assigned for his bilateral hearing loss.  However, he has not been scheduled for a VA examination to assess the severity of his hearing loss during the appellate period.  Rather, the most recent VA examination was conducted more than one year prior to the receipt of the Veteran's claim for service connection.  

Thus, the Board finds a pre-decisional duty to assist error occurred when the Veteran was not provided with a VA examination to assess the severity of his service-connected bilateral hearing loss.  Accordingly, the Board finds a remand is necessary to obtain a medical examination.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA audiological examination to evaluate the current severity of his service-connected bilateral hearing loss disability.

The Veteran's claims file and a copy of this remand should be provided to the examiner, and the examination report should reflect that these items were reviewed.

The appropriate DBQ should be filled out.

All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail.  The examination must include a pure tone audiometry test and a controlled speech discrimination test using the Maryland CNC word list, unless the examiner certifies that use of a speech discrimination test is not appropriate and provides a supporting rationale.

The examiner should opine regarding the levels of social and occupational impairment caused by the hearing loss.

The examiner must provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached.

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.