Citation Nr: 21008349 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 14-32 415 DATE: February 16, 2021 REMANDED Entitlement to an initial compensable rating for a bilateral hearing loss disability prior to April 2, 2018 is remanded. Entitlement to a rating in excess of 10 percent for a bilateral hearing loss disability from April 2, 2018 is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1969 to August 1971. The appeal was last before the Board in October 2019, when the Veteran’s claims for entitlement to higher ratings for his hearing loss were denied. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). By Order dated June 2020, the Court vacated the Board’s October 2019 decision and remanded the matter to the Board for compliance with the instructions included in the June 2020 Joint Motion for Remand (JMR) by the parties. 1. Entitlement to an initial compensable rating for a bilateral hearing loss disability prior to April 2, 2018 2. Entitlement to a rating in excess of 10 percent for a bilateral hearing loss disability from April 2, 2018 The Veteran contends that he is entitled to higher ratings for his bilateral hearing loss disability. In November 2017 testimony, the Veteran testified that he was beginning to worry about getting hearing aids as he got older because he heard that poor hearing affects dementia. He reported memory problem and he did not know whether this was related to his hearing loss. He also reported potential additional audiological treatment and or consultation for hearing aids at a facility referred to as Shenandoah, out of the Omaha VA, but he could not remember the specifics. The Veteran attended a VA examination in April 2018. While an audiological examination was provided, the examiner did not comment on the Veteran’s contention that memory loss and hearing loss may be related. Accordingly, a remand is necessary. The June 2020 JMR specifically mentions outstanding records from the Sioux Falls VA from December 1988 through May 1996. The Veteran’s claim for compensation was filed in January 2014. Although the referenced records are outside the appeal period, on remand VA should attempt to associate the outstanding records with the claims file. The June 2020 JMR also noted a Stegall violation, because of potential outstanding VA treatment records. Stegall v. West, 11 Vet. App. 268 (1998); Dyment v. West, 13 Vet. App. 141 (1999). Although the Veteran failed to respond to the August 2018 RO correspondence which attempted to identify any outstanding medical records, further action is needed on remand. The matters are REMANDED for the following action: 1. Obtain any outstanding treatment records, to include records from any non-VA providers to which the Veteran was referred by VA, any facilities identified by the Veteran, the Sioux Falls VA treatment records from December 1988 through May 1996, 2015 Omaha VA treatment records, and treatment records from the Shenandoah VA from July 2018 to the present. Document all requests for information as well as all responses in the claims file. 2. Obtain an addendum opinion regarding the Veteran’s contention that his memory loss may be caused or aggravated or otherwise etiologically related to his hearing loss. The examiner is asked to provide an opinion on the relationship, if any, between hearing loss and memory problems or dementia. Only schedule the Veteran for an examination if deemed necessary. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Fitzgerald, 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.