Citation Nr: 21005389
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 12-33 482A
DATE: February 1, 2021

REMANDED

Entitlement to a compensable evaluation for right ear hearing loss disability is remanded.

Entitlement to nonservice-connected pension is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1962 to March 1967.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from September 2011 and October 2012 decisions.  In June 2015, the Veteran presented testimony before a Veterans Law Judge (VLJ) who is no longer employed by the Board.  See January 2018 letter.  The Veteran opted for a new hearing, which was held in January 2021 before the undersigned VLJ.  During the hearing, the Veteran withdrew his July 2020 FOIA request.  

All issues are remanded

The Veteran testified that his right ear hearing loss disability has worsened in severity since his last VA examination in August 2017, to include difficulty hearing the television, doorbell and phone, as well as difficulty hearing high pitched sounds (e.g. female voices).  He also maintains that he uses a hearing aid.  Accordingly, a new VA examination is necessary to assess the current level severity of the disability on appeal. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). 

With regard to the claim for nonservice-connected pension, the Veteran additionally testified that his medical expenses have increased in recent years.  The last income and unreimbursed medical expense information in the file is dated in 2017.  Consequently, a remand is required to ensure that this information is updated.     

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to evaluate the current level of severity of his right ear hearing loss disability on appeal. The claim folder and all pertinent treatment records should be made available to the examiner for review, and review of such records should be noted in any subsequent report.  The examiner should provide a detailed report of the Veteran’s hearing loss, to include audiogram results. 

2. Send the Veteran a letter asking that he update his income information and identify any unreimbursed medical expenses that were paid that may offset the amount of his countable income for pension calculation purposes from 2017 to the present.  The Veteran must be notified of the exclusions from income that are listed in 38 C.F.R. § 3.272, and he should be asked to identify any exclusions from income that are applicable in his case. The letter should be enclosed with Improved Pension Eligibility Verification Reports, Medical Expense Reports, and any other forms required for a full and accurate reporting of the Veteran’s expenses for the period in question. 

3. Once the development above has been completed, the RO should review the expanded record and determine whether the benefits sought may be granted.  The readjudication of the claim for nonservice-connected pension must clearly detail and explain how all monthly income and expenses, as well as annualized income and expenses, were calculated for each year of the appeal period from October 2010 to the present.  If necessary, return the issues to the Board after compliance with appellate procedures. 

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. L. Wallin, 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.