Citation Nr: 21014473 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 16-29 324 DATE: March 12, 2021 REMANDED 1. Entitlement to an initial compensable rating for bilateral hearing loss currently evaluated as noncompensable prior to December 3, 2018, in excess of 30 percent from December 3, 2018, in excess of 10 percent from July 2, 2019, and in excess of 20 percent from November 6, 2019 is remanded. 2. Entitlement to a total disability evaluation for compensation based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran had honorable active duty in the Navy from August 1964 through May 1973. 1. Entitlement to an initial compensable rating for bilateral hearing loss currently evaluated as noncompensable prior to December 3, 2018, in excess of 30 percent from December 3, 2018, in excess of 10 percent from July 2, 2019, and in excess of 20 percent from November 6, 2019 is remanded. The Veteran submitted a claim for service connection for hearing loss in January 2016. Following the award of service connection, the Veteran appealed the evaluation assigned. In November 2018, the Board remanded the claim to obtain outstanding treatment records and schedule a VA examination. A June 2020 rating decision increased the Veteran’s disability rating from 0 to 20 percent. In August 2020, the Board again issued a remand to obtain outstanding, relevant VA audiometric testing results that are not within the CAPRI files. A November 2020 rating decision granted a 30 percent rating for bilateral hearing loss, effective December 3, 2018. A supplemental statement of the case and rating decision were issued in November 2020, and the Veteran’s ratings for hearing loss are staged, as shown above. There has been substantial compliance with the August 2020 Board remand decision. See Stegall v. West, 11 Vet. App. 268 (1998). Following a February 2021 VA audiological examination, a rating decision was issued later that month, which assigned a 20 percent rating, effective November 6, 2019. In reviewing the VA treatment records, the Board can see that there is an outstanding, relevant VA audiometric testing results that are not within the CAPRI files. For example, the Veteran underwent audiometric testing in August 2020, but the audiometric testing results are not within the CAPRI records. Instead, within the record, there is an “Audiology Hearing Evaluation Note,” which states, “Please use ‘Audiogram Display’ to view audiogram.” It also states, “To see speech audiometry and immittance data, click ‘View” and then ‘Table.’” The audiogram and speech discrimination results are relevant to a determination of whether a higher rating is warranted for the service-connected bilateral hearing loss disability. Thus, a remand is required to allow VA to obtain these test results, as they are relevant to the Veteran’s bilateral hearing loss. The Board notes the Veteran submitted a February 2021 VA form 20-0995 for a supplemental claim for an increased rating for hearing loss. The Veteran’s bilateral hearing loss claim currently falls under the VA legacy claims system, as the claim originated in 2016. The VA form 20-0995 for a supplemental claim is a form for claims that fall under the Appeals Modernization Act (AMA) claims system. If the Veteran would like the bilateral hearing loss claim to be adjudicated under the AMA system, he is welcome to submit the proper VA form to opt-in to the AMA system after a supplemental statement of the case is issued.   2. Entitlement to a TDIU rating is remanded. The Veteran has submitted a claim for a TDIU rating, where he included the bilateral hearing loss disability as being part of the reason he was precluded from substantially gainful employment. As such, a TDIU rating is part of the claim for increase for the bilateral hearing loss disability. A determination with respect to the increased rating claim for bilateral hearing loss may have an impact upon consideration of the issue of entitlement to TDIU on appeal; the Board finds that these issues are inextricably intertwined. 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 increased rating claim for bilateral hearing loss. The matters are REMANDED for the following action: 1. Locate and associate with the record the Veteran’s specific audiogram and speech discrimination results from the audiogram that was performed on August 7, 2020. The August 2020 VA audiology treatment record provides instructions on how to obtain those results. The instructions are as follows: “Please use ‘Audiogram Display’ to view audiogram.” It also states, “To see speech audiometry and immittance data, click ‘View” and then ‘Table.’” See VBMS entry with document type, “CAPRI,” receipt date 08/07/2020, at p. 8 (August 2020). 2. Locate and associate with the record any other missing and/or outstanding audiogram and speech discrimination results from the record. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Patton 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.