Citation Nr: 21014965 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 15-06 127A DATE: March 16, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1969 to February 1975. He appeals a February 2014 rating decision denying entitlement to a compensable rating for bilateral hearing loss. In March 2018, the Veteran testified before the undersigned Veterans Law Judge. A transcript is of record. 1. Entitlement to a compensable rating for bilateral hearing loss is remanded. The Board remanded the instant appeal in September 2020 to obtain missing VA treatment records. Specifically, the RO was notified that the Veteran underwent VA hearing examinations in May 2016 and July 2017, but specific tonal thresholds are not contained in the medical report. For example, at a March 2019 evaluation, the tonal thresholds were not included, but said “see Audiogram Display for audiometric data.” Rather than obtain the requested records, the same incomplete records were simply added to the record. Per regulation, ratings for hearing loss disability are derived from Table VII of 38 C.F.R. § 4.85 by a mechanical application of the rating schedule to numeric designations assigned after audiometric evaluations are performed. See Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). Therefore, the actual tonal thresholds must be obtained. The Board stresses that proper adjudication of a claim for increased rating regarding hearing loss is not possible without access to the full and complete results of an audiological examination. Not obtaining the requested documents results in a failure to substantially comply with the Board’s prior remand. Unfortunately, further delay for another remand is necessary. See Stegall v. West, 11 Vet. App. 268, 270 (1998) (a remand by the Board confers on a Veteran, as a matter of law, a right to compliance with the remand instructions, and imposes upon VA “a concomitant duty to ensure compliance with the terms of the remand”). The matter is REMANDED for the following action: 1. Obtain all outstanding VA treatment records from any facility from which the Veteran has received treatment. Specifically, the May 24, 2016, July 18, 2017, March 6, 2019 (as well as any other), VA audiograms with full and complete tonal threshold results should be obtained. If the Veteran has received private treatment, he should be afforded an opportunity to submit those records as well. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Daniel Ballinger, Associate Counsel