Citation Nr: 21014080 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 15-12 903 DATE: March 11, 2021 REMANDED Entitlement to a compensable rating for the period prior to August 27, 2015, and to a rating in excess of 30 percent for the period prior to November 18, 2019 for bilateral hearing loss is remanded. REASONS FOR REMAND The Board remanded this case to the Agency of Original Jurisdiction (AOJ) in July 2020 for additional development. See 07/30/2020 BVA Decision. As discussed below, the Board finds less than substantial compliance with the remand directive. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to a compensable rating for the period prior to August 27, 2015, and to a rating in excess of 30 percent for the period prior to November 18, 2019 for bilateral hearing loss is remanded. VA hearing examinations were conducted in May 2013 and August 2015, the reports for which are of record. As noted on prior remand, the Veteran’s VA outpatient records note that a hearing evaluation was conducted on February 8, 2013, but the audiograms of the results were not scanned into the entry. See 08/14/2020 CAPRI, 2nd Entry. The July 2020 remand directed that the audiograms be provided and made part of the digital claims file. The AOJ endeavored to comply with the remand directive, see 08/19/2020 CAPRI; 09/26/2020 Deferred Rating, but it appears that the requests were not sufficiently clear, as audiograms for examinations conducted in 2013 were requested. As a result, the only records added to the file were duplicates of the May 2013 C&P Exam. Hence, it is not definitively clear that audiograms from February 8, 2013 are not in fact available. So, the Board will request by the specific date of the evaluation. The matters are REMANDED for the following action: The AOJ shall ask the appropriate records custodian to provide any audiograms extant that were associated with an audiological assessment conducted on the Veteran’s hearing on February 8, 2013. If there are no audiograms associated with the February 8, 2013, the AOJ will cause appropriate documentation of the fact to be made a part of the claims file. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. T. Snyder 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.