Citation Nr: 21008910
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 12-35 884
DATE: February 18, 2021

REMANDED

Entitlement to a compensable rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from February 1976 to July 1983, and from October 1985 to May 1997, including service in the Southwest Asia theater of operations from January 1991 to April 1991.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned Veterans Law Judge in an October 2016 video conference hearing.  

This case was previously before the Board in March 2018 and January 2020 when it was remanded for additional development.  

1. Entitlement to a compensable rating for bilateral hearing loss is remanded.

While the Board regrets additional delay in the adjudication in this case, the Board finds that this matter must be remanded again.  In January 2020, the Board remanded this matter, in part, to secure outstanding audiometric results found on April 16, 2014 and December 7, 2018 VA audiometry.  

Review of the evidence of record reveals that while outstanding VA treatment records were secured on remand, the specific pertinent audiometric results in question have not been secured.  As the development requested pursuant to the January 2020 Board remand has not been accomplished, the Board has no choice but to again remand the Veteran’s claim to secure the relevant records.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The matters are REMANDED for the following action:

1. Obtain the audiometric results found on April 16, 2014 at the Evansville VA Clinic and on December 7, 2018 at the Harlingen Outpatient Clinic audiometry.  

All reasonable attempts should be made to obtain such records.  If the records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file.  The Veteran must be notified of the attempts made and why further attempts would be futile.  

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2. Then afford the Veteran an updated VA audiological examination.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Marley, 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.