Citation Nr: 21012985
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 16-35 642
DATE: March 8, 2021

REMANDED

1. The issue of entitlement to a disability rating in excess of 60 percent for service-connected bilateral hearing loss is remanded. 

2. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from March 1973 to March 1976. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In May 2019, the Veteran appeared and testified at a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the record. 

In October 2019, the Board remanded this matter to afford the Veteran a new VA examination for his bilateral hearing loss. 

 

1. The issue of entitlement to a disability rating in excess of 60 percent for service-connected bilateral hearing loss is remanded. 

This claim was previously before the Board in October 2019, but was remanded to obtain a new VA examination regarding the Veteran’s bilateral hearing loss. Although a VA audiological examination was scheduled for December 18, 2019, there is no indication that notification of the scheduled VA examination was provided to the Veteran. 

As the Veteran failed to appear for the examination and there is no documentation to confirm that he was actually notified of the scheduled examination, the Board finds that this claim must again be returned to the RO to attempt to schedule an additional VA examination and document notification of it.

2. The issue of entitlement to a TDIU is remanded. 

As a decision on the remanded issue of entitlement to an increased rating for bilateral hearing loss could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim is required. 

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss.

Ensure that the Veteran is provided with notification of the scheduled examination and document this notification in the claims file.

The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. To the extent possible, the examiner should identify any functional impairments due to the Veteran’s bilateral hearing loss and discuss the effect of the Veteran’s bilateral hearing loss on any occupational functioning and activities of daily living. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. 

 

 

MICHAEL KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Erin J. Trojanowski, 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.