Citation Nr: 21012259
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 15-01 707A
DATE: March 3, 2021

REMANDED

Entitlement to compensation under 38 U.S.C. § 1151 for left ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1965 to November 1967.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from December 2013 decision of the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in July 2018 and May 2020.

1. Entitlement to compensation under 38 U.S.C. § 1151 for left ear hearing loss is remanded.

The Board is obligated by law to ensure that the RO complies with its directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance.  Stegall, 11 Vet. App. at 271.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for left ear hearing was remanded in May 2020, specifically, to associate audiograms from VA audiometric evaluation conducted in 2005 and 2010 . While that development was accomplished, the requested audiograms were not associated with the claims file.

Specifically, the Veteran contends that his left ear hearing loss worsened as a result of a tympanostomy procedure performed at a VA facility and that prior to that incident, an audiometric evaluation conducted in November 2005 and March 2010. The Board notes that while VA treatment records of these two treatments were associated with the claims file, the audiograms were not. The Board notes that the VA treatments records shows that the actual results of the audiometric evaluation were noted to be available "viewed under the tools menu." Therefore, the Board finds that the RO must procure the audiograms from the November 2005 and March 2010 VA audiometric evaluation located under the tools menu. 

The matters are REMANDED for the following action:

Obtain the Veteran's VA audiogram reports from November 2005 and March 2010 that are specifically located under the tools menu noted on the VA treatment records from these two audiometric evaluations. The RO must contact the appropriate VA medical center to obtain the audiograms.

 

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Dworkin, 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.