Citation Nr: 21015259
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 18-13 420
DATE: March 17, 2021

REMANDED

Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

REFERRED

The issue of service connection for skin cancer was raised in correspondence from the Veteran’s representative dated January 2021 and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. The Board notes that the same correspondence also referenced tinnitus. However, since the Veteran is already service – connected for that disability at the highest disability rating available under the diagnostic code no additional action by VA is required.

REASONS FOR REMAND

The Veteran served on active duty from September 1958 to September 1962. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In January 2021 the Veteran and his spouse appeared and testified at a virtual Board hearing before the undersigned Veterans Law Judge.

1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

The Veteran seeks an initial compensable rating for bilateral hearing loss. He contends that his bilateral hearing loss disability is worse than initially evaluated as evidenced by a September 2015 audiogram submitted with his Notice of Disagreement. The Veteran was last evaluated by VA in April 2015. He was scheduled for a VA examination in January 2018 but did not appear. At his January 2021 virtual Board hearing, the Veteran testified that he never received notice of that examination. 

In light of the Veteran’s testimony, the Board finds that he has demonstrated good cause for failing to attend the January 2018 VA examination. In addition, the duty to assist necessitates that this claim be remanded for a new VA examination to determine the current level of the Veteran’s hearing loss disability.

The matters are REMANDED for the following action:

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1. With any required assistance from the Veteran, obtain any outstanding records of medical treatment from VA.

2. After the requested development has been completed, schedule the Veteran for an appropriate VA audiological examination to determine the current severity of his service-connected bilateral hearing loss. All indicated tests and studies should be undertaken. The record, including a complete copy of this remand, must be made available for review.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Alexander

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.