Citation Nr: 21011859 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 15-14 617 DATE: March 2, 2021 REMANDED 1. Entitlement to a disability rating in excess of 10 percent for bilateral hearing loss disability is remanded. 2. Entitlement to a total disability rating for compensation based upon individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from May 1975 to May 1978 and September 1978 to May 1983. These matters initially came before the Board of Veterans’ Appeals (Board) from an August 2010 rating decision. In October 2018, the Board remanded these matters for further development. In August 2019, the Board remanded these matters again for further development. Specifically, to obtain additional VA medical treatment records related to the Veteran’s audiometric testing and to provide the Veteran with a new VA examination for his bilateral hearing loss. The Board finds there has not been substantial compliance with the Board directives and will address below. In April 2020, the Veteran filed a VA Form 9, where he requested a Board hearing via videoconference. The Veteran had a hearing before the undersigned Veterans Law Judge in December 2020. A transcript of the hearing is within the record. Entitlement to a disability rating in excess of 10 percent for bilateral hearing loss is remanded. In the August 2019 Board remand, the Board instructed the Agency of Original Jurisdiction (AOJ) to obtain “the specific results of the audiometry testing conducted during the VA audiological examination on April 29, 2011 and during the audiological evaluation on February 15, 2012 (i.e. any specific test results from these dates which are available in ‘CPRS under tools-audiogram display’).” The Board finds there has not been substantial compliance with the Board directives, as the AOJ did not obtain the audiometric testing results, to include the puretone thresholds during these two examinations. While the VA treatment records for these dates were obtained, it appears that the actual hearing test results are separate from the VA treatment records. As such, the AOJ is asked to upload the actual hearing test results from the April 29, 2011 and February 15, 2012 audiograms from “CPRS Tools.” Additionally, the Veteran testified that his bilateral hearing loss has worsened since his last VA examination. The Board finds that a remand is warranted to fully assist the Veteran with the development of his claim for an increased rating for bilateral hearing loss, to include providing a new examination. 1. Entitlement to a total disability rating for compensation based upon individual unemployability (TDIU) The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to defer the claim on appeal pending the adjudication of the inextricably intertwined claim. As such, Board consideration of the merits of the Veteran’s TDIU claim is deferred pending adjudication of the Veteran’s claim for an increased rating for bilateral hearing loss. The matters are REMANDED for the following action: 1. Upload the actual hearing test results from VA audiograms from CPRS Tools dated April 29, 2011 and February 15, 2012. Both treatment records included this wording to explain how to see the audiogram results: “Assessment results may be viewed in CPRS under TOOLS – AUDIOGRAM DISPLAY.” 2. Schedule the Veteran for an in-person examination to determine the current severity of the Veteran’s service-connected bilateral hearing loss. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Griffin, 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.