Citation Nr: 21005910 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 10-47 562 DATE: February 2, 2021 REMANDED Entitlement to a rating in excess of 10 percent for chronic, atypical ear pain with tinnitus, to include on an extraschedular basis under 38 C.F.R. § 3.321(b)(1) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1977 to July 1980, from July 1988 to July 1991, and from April 2006 to September 2008. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in August 2015, at which time the claim was denied. The Veteran appealed that denial to the Court of Appeals for Veterans’ Claims (Court), which, pursuant to a June 2016 Joint Motion for Partial Remand (JMPR) vacated the Board’s judgment and returned the matter to the Board. The Board remanded the matter in July 2016, and again denied the claim in July 2017. The Veteran again appealed the matter to the Court, which, again pursuant to a JMPR, vacated the Board’s judgment, and returned the matter to the Board, which, in January 2019, remanded the matter to the Director of Compensation and Pension for extraschedular consideration. The Director found an extraschedular evaluation unwarranted, and the matter has been returned to the Board. 1. Entitlement to a rating in excess of 10 percent for chronic, atypical ear pain with tinnitus, to include on an extraschedular basis under 38 C.F.R. § 3.321(b)(1) is remanded. The Board finds that a remand is necessary in order properly to evaluate the Veteran’s disability picture as it relates to his ear pain. The disability is currently evaluated under Diagnostic Code 6260 which deals with tinnitus, and provides for a maximum 10 percent evaluation of which the Veteran is already in receipt. He is also separately service connected for a headache disorder associated with his atypical ear pain, but he avers that his headaches are distinct from his ear pain and from his tinnitus; in other words, the symptomatology associated with the disability manifests in at least three ways – ringing in the ears, ear pain, and headaches. This matter has already been remanded for extraschedular consideration, the Director of Compensation and Pension finding the Veteran’s ear condition adequately compensated by the 10 percent schedular maximum. However, the Board agrees with the Veteran who, through his representative, argued in a January 2021 submission that additional development is needed to shed light on the current nature of his ear condition and its manifestations. Accordingly, the Board will remand the matter in order for the Veteran to obtain that evidence he describes in the January 2021 submission, including evidence of missed work, and to afford him a VA examination to explore the current nature and severity of his ear condition. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, secure any outstanding VA and private medical records relevant to the Veteran’s claim. 2. Then, schedule the Veteran for a VA examination to assess the current nature and severity of his service-connected atypical ear pain with tinnitus. The claims file must be made available to the examiner, and the examination report must reflect that such review occurred. All tests and studies deemed necessary must be performed. All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria. The examiner is requested to describe the current nature and severity of the Veteran’s atypical ear pain with tinnitus. In particular, the examiner is requested to comment on the occupational impacts of the disability. 3. Thereafter, the AOJ should readjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Sahraie, 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.