Citation Nr: 21009298
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 17-01 308
DATE: February 22, 2021

REMANDED

Entitlement to a compensable evaluation for bilateral hearing loss disability is remanded.

Entitlement to individual unemployability, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1973 to June 1977.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA). 

In August 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record.

In November 2019, this matter was remanded by the Board for further development. 

Entitlement to a compensable evaluation for a bilateral hearing loss disability 

In the prior Board remand of November 2019, it was noted that there are two sets of word recognition scores in the Veteran’s VA treatment records, but the tests used for these results were not identified. See October 2015 and January 2018VA treatment records. It was noted VA requires use of the Maryland CNC test for purposes of assigning an evaluation. Therefore, clarification as to which speech recognition test was used was requested.  The record shows that in email correspondence of November 2019, the RO sought the requested clarification.  There is no response in the record.  Moreover, the Board notes that the VA treatment records of October 2015 and November 2018 both note that to obtain the full results of the audiometric testing, the Tools tab should be used.    The treatment records note that a full audiological examination was conducted both times, to include puretone threshold testing.  The results of these examinations are needed to properly assess the current severity of the Veteran’s bilateral haring loss disability.

Entitlement to a TDIU

The Board notes that this issue is inextricably intertwined with the issue of the evaluation of the bilateral hearing loss disability.  Moreover, the issue is also intertwined with issues of service connection that were remanded by the Board in February 2020 and which the record shows are being developed by the AOJ.  As such, the issue of entitlement to a TDIU must be deferred until the issues of the evaluation of the bilateral hearing loss disability and the service connection issues subject of the February 2020 Board remand are readjudicated by the AOJ.

The matters are REMANDED for the following actions:

1. The AOJ should obtain copies of the VA audiological examinations of October 2015 and January 2018. It is noted that VA treatment records note “see tools/audiogram display for complete audiologic results.”  All efforts to obtain the outstanding records should be noted in the file.  If the records are unavailable, it should so be noted.

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2. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	EJ Richardson

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.