Citation Nr: 21014902 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 19-08 283 DATE: March 16, 2021 REMANDED A compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1957 to May 1959. This case is before the Board of Veterans’ Appeals (Board) on appeal from Department of Veterans Affairs (VA) rating decisions issued in January 2018 and April 2018. The Veteran withdrew his request for a Board hearing in October 2020. See VA Form 21-4138; see also December 2020 correspondence. The 2018 rating decisions denied a compensable rating for the Veteran’s service-connected left ear hearing loss. At the time, he was not service-connected for right ear hearing loss. However, in January 2021, the agency of original (AOJ) granted service connection for the right ear, and assigned a noncompensable rating for bilateral hearing loss. Accordingly, the Board will decide whether the Veteran is entitled to a compensable rating for his bilateral disability. Remand to the AOJ for further development is warranted. Under Diagnostic Code 6100, ratings for hearing loss are determined in accordance with the findings obtained on audiometric examination. Evaluations of hearing impairment range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of controlled speech discrimination (Maryland CNC Word List) tests, together with the average hearing threshold level as measured by puretone audiometry tests in the frequencies 1,000, 2,000, 3,000, and 4,000 Hertz. 38 C.F.R. § 4.85. The Veteran underwent VA Compensation and Pension (C&P) examinations in January 2018 and December 2020. Maryland CNC speech discrimination scores and puretone thresholds, in decibels, are on file for both C&P examinations. In addition, VA treatment records show that the Veteran received a non-C&P examination in March 2019. The VA audiologist indicated that puretone testing was completed. However, the March 2019 clinic note does not include numeric puretone thresholds. On remand, the AOJ should obtain a copy of the full audiometric examination report, including the puretone test results, and associate it with the claims file. The Veteran has also submitted a private audiometry report from March 2018. This report includes puretone thresholds, and it appears to include speech discrimination data as well. However, it is unclear whether the private audiologist performed the Maryland CNC test. The AOJ should attempt to contact the private audiologist for clarification and to obtain any additional records. The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file. The matter is REMANDED for the following action: 1. Obtain a full copy of the Veteran’s March 2019 VA (non-C&P) audiometric examination, including numeric puretone test results, and associate it with the claims file. 2. Ask the Veteran to complete a VA Form 21-4142 for the private audiologist who performed the March 2018 evaluation. If the Veteran submits a VA Form 21-4142 that is insufficient for further action, he should be notified. Notification should be documented in the claims file. 3. Then, contact the private audiologist to clarify whether they performed the Maryland CNC Word List test in March 2018, and request any authorized records. Make two requests, unless it is clear after the first request that a second request would be futile. 4. Readjudicate the Veteran’s claim. If it remains denied, issue a supplemental statement of the case and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D.Z. Wall, 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.