Citation Nr: 21007597
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 14-25 363
DATE: February 10, 2021

REMANDED

Entitlement to an initial compensable rating for hearing loss in the right ear is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from May 1971 to June 1974.

In January 2018, the Board denied the issues of entitlement to service connection for Bell’s palsy and for dysphonia and remanded the issues of entitlement to an initial compensable rating for hearing loss in the right ear, service connection for hearing loss in the left ear, and service connection for an acquired psychiatric disability for additional evidentiary development.  The case was returned to the Board for appellate review.

In February 2020, the Board remanded the issues of entitlement to an initial compensable rating for hearing loss in the right ear, service connection for hearing loss in the left ear, and service connection for an acquired psychiatric disability for additional evidentiary development.  The issues of entitlement to service connection for hearing loss in the left ear and for an acquired psychiatric disability were granted in an October 2020 VA rating decision, which represents a full grant of the benefits sought so they are no longer on appeal before the Board.  The case has been returned to the Board for appellate review.

Entitlement to an initial compensable rating for hearing loss in the right ear

Review of VA treatment records during the appeal period since July 3, 2012 documents that audiogram results on August 29, 2017 showed “right [within normal limits].25-4 [Hert]z with a mild [sensorineural hearing loss] 6-8 ]Hertz]” as well as word recognition score of right 100 percent, and audiogram results on July 16, 2018 showed normal hearing acuity and word recognition score was 100 percent in the right ear.  Both records document “Note: Audiologic data can be viewed in Tools under Clinical Applications in Audio Display.”  There is no indication of record that an attempt has been made to obtain these identified potentially relevant records.  As a result, a remand is needed to obtain any missing records from the Veteran’s claims file.

The matter is REMANDED for the following actions:

1. Make appropriate efforts to obtain any missing VA treatment records from the Veteran’s claims file, to include audiologic data from audiograms dated on August 29, 2017 and July 16, 2018, relevant to claim on appeal for an initial compensable rating for hearing loss in the right ear.  

Note: Audiologic data can be viewed in Tools under Clinical Applications in Audio Display.  This data should be associated with the Veteran’s claims file, as this display is not viewable.  

If any missing records cannot be located, the AOJ must specifically document the attempts made to locate them and notify the Veteran

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2. Then, readjudicate the claim.  If the decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Carter, 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.