Citation Nr: 21023302 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 16-47 527 DATE: April 20, 2021 REMANDED Entitlement to a compensable evaluation for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from October 1961 to September 1962 with additional periods of service in the U.S. Army Reserves. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, the Veteran testified before the undersigned Veterans Law Judge at a video conference hearing. A transcript of that hearing is associated with the claims file. The Board previously remanded this claim in May 2018 for additional development. Unfortunately, as explained below, the Board is not satisfied that there has been substantial compliance with its prior remand instructions; therefore, the appeal must be remanded once again. See D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a compensable evaluation for bilateral hearing loss is remanded. The Board remanded this appeal in May 2018 to afford the Veteran a new VA examination to assess the current severity of his service-connected bilateral hearing loss. Review of the claims file reveals that, pursuant to the Board remand, the Veteran was scheduled for a VA examination in September 2019; however, he did not show for the examination. The Board notes that there is no evidence of record showing that the Veteran was sent notice of the scheduled examination. Thereafter, the RO determined that the Veteran failed to appear for this scheduled VA examination, and that he failed to provide justifiable reason or explanation (i.e., the required good cause) for his failure to report. See 38 C.F.R. § 3.655. The RO consequently readjudicated the claim based on the existing evidence of record, and, in an April 2020 Supplemental Statement of the Case (SSOC), continued to deny entitlement to a compensable rating for bilateral hearing loss, specifically noting the Veteran’s failure to appear for the scheduled examination. In a June 2020 letter, the Veteran stated the last communication he had received from the VA was in January 2019. The Veteran’s record also shows that his address changed following the May 2018 remand, corresponding with the time period when the examination would have been scheduled. Further, review of the Veteran’s VA treatment records shows that, throughout the appellate period, the Veteran has been diligent about attending his scheduled medical appointments at VA. Moreover, the Veteran has consistently assisted in the development of his appeal by timely responding to RO requests for additional information. In light of the above, the Board finds it unlikely that the Veteran would fail to appear for a scheduled VA examination without good cause. In this regard, the Board is unable to verify that the Veteran was ever notified that he had been scheduled for an examination pursuant to the May 2018 Board remand. As such, the Board finds that remand is required to afford the Veteran another opportunity to undergo a VA examination that complies with the directives outlined in the May 2018 remand. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand directives, and the Board has a duty to ensure such compliance.  Stegall, 11 Vet. App. at 271.  In light of the foregoing developments, the Board finds that these matters should be remanded once again to afford the Veteran another opportunity to report for the necessary VA knee examination. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.  At this time, the Veteran is reminded that, while VA has a duty to assist in the development of his claim, that duty is not limitless. In the normal course of events, it is the Veteran’s burden to keep VA apprised of his whereabouts. If he does not do so, there is no burden on VA to “turn up heaven and earth” to find him. Hyson v. Brown, 5 Vet. App. 262, 265 (1993). Furthermore, the Veteran is also informed that failure to report for a scheduled examination or failure to cooperate with any requested development may result in the denial of his claim.  In relevant part, VA regulation provides that when entitlement to a benefit cannot be established without a current VA examination, and a claimant, without good cause, fails to report for such examination, action shall be rated based on the evidence of record.  38 C.F.R. § 3.655(b). The matter is REMANDED for the following action: 1. Obtain all the Veteran’s outstanding treatment records for his bilateral hearing loss. 2. Schedule the Veteran for a VA audiology examination with a qualified audiologist to determine the current severity of his bilateral hearing loss. The examiner must review the Veteran’s claims file, to include a copy of this REMAND, and that review must be noted in the examination report. Thereafter, the examiner is asked to: (a) identify auditory thresholds, in decibels, at frequencies of 1000, 2000, 3000, and 4000 Hertz, and the resultant average; (b) administer a Maryland CNC Test to determine speech recognition ability; (c) describe the effects of the Veteran’s bilateral hearing loss on his occupational functioning and activities of daily life. The examiner should set forth all examination findings and provide a complete medical rationale for any conclusions reached. A copy of the notice letter sent to the Veteran at his current address of record informing him of the date, time and place of the schedule VA examination should be associated with the file. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Rosenthal, Ariana 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.