Citation Nr: 21014400
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 15-14 393A
DATE: March 12, 2021

REMANDED

Entitlement to a compensable disability rating prior to December 8, 2020 and in excess of 80 percent thereafter for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1971 to March 1974, May 1974 to September 1983, October 1983 to August 1985, and from August 1986 to January 1990.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge (VLJ) during an October 2017 videoconference hearing.  A transcript of that hearing is associated with the claims file.

This case was previously before the Board in June 2018 when it was remanded for additional development.  

Entitlement to a compensable disability rating prior to December 8, 2020 and in excess of 80 percent thereafter for service-connected bilateral hearing loss is remanded.

While the Board regrets the additional delay, another remand is necessary to ensure the Veteran has been afforded every possible consideration.  Specifically, the VA treatment records note that the Veteran has undergone multiple audiograms that are not currently associated with the claims file.  The VA treatment records make reference to an “Audiometric Display” or alternate viewing system to view the results of audiograms dated in September 2010, December 2011, December 2015, and November 2017.  The Board notes that even minimal changes in the Veteran’s puretone threshold levels could warrant a compensable rating prior to December 8, 2020.  As such, the Board finds that a remand is necessary to obtain copies of the missing audiograms and associate them with the Veteran’s claims file.  In this regard, the RO is advised that such may be contained in VISTA Imaging rather than CAPRI.    

The matters are REMANDED for the following action:

1. Obtain any outstanding VA audiogram displays, to include those dated in September 2010, December 2011, December 2015, and November 2017.  In this regard, the RO is advised that such may be contained in VISTA Imaging rather than CAPRI.  

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All reasonable attempts should be made to obtain such records.  If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file.  The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e).

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Connor, Lindsey

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.