Citation Nr: 21008849 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 11-30 196 DATE: February 18, 2021 REMANDED Entitlement to an initial compensable rating prior to May 3, 2013, for bilateral hearing loss and a rating in excess of 10 percent after May 3, 2013. REASONS FOR REMAND The Veteran served on active duty from February 1965 to May1973. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2015, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge. The transcript of that hearing is of record. In a July 2017 memorandum decision, the United States Court of Appeals for Veterans Claims vacated a July 2016 Board decision and remanded the case for additional development. The matter was most recently Remanded in December 2019 further development. The Board regrets further delay; however, a remand is necessary to obtain records from UT Southwestern Medical Center. In its December 2019 remand, the Board directed to RO to obtain records from UT Southwestern Medical Center prepared by Dr. J.K. The RO sent the Veteran a letter in December 2019 requesting records from Dr. J.K. and enclosed a release of medical records form (VA Form 21-4142a). The Veteran responded in February 2020 by submitting a completed VA Form 21-4142a. However, noting that he was scheduled to be evaluated by Dr. J.K. on March 16, 2020, he indicated that “it would benefit all concerned if you would for my records after that appointment.” The RO mailed its request for records from Dr. J.K. in February 2012 and received a response from him later that month. See February 2020 Notification Letter and See February 2020 UT SW Medical Center Treatment Records. The findings of the March 16, 2020 examination were obviously not included with the records that were provided. Indeed, despite the Veteran’s explicit request, the report of the March 2020 audio examination conducted by Dr. J.K. has not been obtained. A remand is necessary to obtain this treatment record. The matter is REMANDED for the following action: Obtain treatment records from UT Southwestern Medical Center prepared by Dr. J.K. a Board-Certified Otolaryngology. Specifically, the March 2020 audio examination. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Smith, Associate 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.