Citation Nr: 21022643 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 19-32 643 DATE: April 16, 2021 REMANDED Entitlement to a rating in excess of 10 percent for left ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1963 to October 1965. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in November 2020. The hearing transcript is of record. The Board remanded the claim in January 2021 for further development by the RO. The case has been returned to the Board for further appellate action. Entitlement to a rating in excess of 10 percent for left ear hearing loss is remanded. The January 2021 Board remand directives instructed the RO to consider whether referral is warranted for extraschedular consideration. The February 2021 supplemental statement of the case (SSOC) does not indicate that extraschedular was considered. The Board finds that referral is warranted. On remand, the RO will be asked to refer the matter to the Director of the Compensation and Pension Service to determine whether, to accord justice, the Veteran’s disability picture requires the assignment of an extraschedular rating. Thun v. Peake, 22 Vet. App. 111, 115-16 (2008). The Board notes that it cannot assign an extraschedular rating in the first instance; referral to the Director is a necessary preliminary step. See Kuppamala v. McDonald, 27 Vet. App. 447 (2015). The matter is REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Thereafter, forward the Veteran’s claim to the Director of the Compensation and Pension Service for a decision on whether the Veteran is entitled to an extra-schedular disability rating for left ear hearing loss. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Minaya, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.