Citation Nr: 21014875
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 16-39 522
DATE: March 16, 2021

REMANDED

Entitlement to a compensable rating for left ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1969 to June 1971.

This matter comes to the Board of Veterans’ Appeals (Board) from an October 2014 rating decision which continued a noncompensable rating for left ear hearing loss.

In November 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board videoconference hearing.  However, a written transcript could not be produced due to an audio malfunction by the Digital Audio Recording System.  In an October 2020 letter, the Veteran was informed of this malfunction and offered the opportunity to testify at another Board hearing.  He was informed that if he did not respond, the Board would assume he did not desire another Board hearing.  To date, no response has been received.  Therefore, the Board has proceeded with appellate review of his claim.

Entitlement to a compensable rating for left ear hearing loss is remanded.

The Board cannot make a fully-informed decision on the issue of entitlement to a compensable rating for left ear hearing loss at this time. 

Due to the passage of time since the Veteran was last examined by VA in March 2016, and in light of the audio malfunction during the Veteran’s Board hearing, the Board finds that the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity of his left ear hearing loss disability.  Upon remand, any outstanding VA treatment records should be obtained. 

The matter is REMANDED for the following actions:

1. Obtain the Veteran’s VA treatment records for the period from June 2017 to the present.

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

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.  

3. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). 

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An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Owen, 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.