Citation Nr: 21026864 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 14-44 111A DATE: May 4, 2021 REMANDED Entitlement to a compensable initial rating for hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1969 to February 1971. This matter comes before the Board of Veterans' Appeals (Board) from a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the claims file. In December 2018 and July 2020, the Board remanded the claim on appeal for further development. Entitlement to a compensable initial rating for hearing loss is remanded. In July 2020, the Board determined that a remand was necessary as there appeared to be outstanding VA treatment records. Specifically, the Board noted that, while VA audiology notes dated December 21, 2010, December 19, 2014, and May 24, 2019 indicated that the Veteran underwent audiological evaluation, and summaries of the results were provided, the specific results of the December 2010, December 2014 and May 2019 audiogram were not provided. Thus, the Board directed the RO to obtain the results of December 2010, December 2014, and May 2019 VA audiogram. Following the July 2020 remand, the RO associated with the claims file VA treatment records dated from December 2010, December 2014, and May 2019 VA Audiology notes; however, the specific results of those VA audiogram were not associated with the claims file, and there is no indication that the results are otherwise unavailable. As such, the Board finds that there has not been substantial compliance with the July 2020 remand, and another remand is required. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following actions: 1. Obtain any outstanding VA treatment records with the claims file, to specifically include the results of the December 21, 2010, December 19, 2014, and May 24, 2019 VA audiograms, as well as all records dated from July 2019 to the present. The Board wishes to make clear that although the December 21, 2010, December 19, 2014, and May 24, 2019 VA audiology consult notes, which summarized the audiometric test results, are on file, the actual test results of the complete audiogram displaying hearing threshold levels are not. These test results are what the Board is requesting. If such results are unavailable, this should be made clear in the record. 2. After completing the above action and any other development as may be indicated by any response received as a consequence of the action taken in the paragraph above, the claim must be readjudicated. If the claim remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. J. In, 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.