Citation Nr: 21026903
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 18-32 196
DATE: May 4, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from September 1966 to April 1974.  This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision by a Regional Office (RO) of the United States Department of Veterans Affairs (VA).

The Veteran and his wife testified at an April 29, 2021, hearing held before the undersigned via videoconference from the Atlanta, Georgia RO.  This decision is being rendered prior to the production of a transcript of that hearing; as the claim is remanded for further development, the Veteran is not prejudiced.

The evidence of record reflects that the Veteran was afforded VA examinations in February 2017 and May 2017.  In February 2017, the VA examiner indicated that there was a large amount of cerumen (wax) in the ear canal, and due to the cerumen impaction, an audiological examination could not be completed.  Thereafter, in May 2017, the VA examiner reported that the puretone test results were not valid for rating purposes.  The VA examiner stated that the Veteran's responses to speech and tonal stimuli were inconsistent with poor test re-test reliability.  The VA examiner further reported that speech discrimination scores were not appropriate for the Veteran due to reasons to include language difficulties, cognitive problems, and inconsistent word recognition scores, which made combined use of puretone averages and word recognition scores inappropriate.  VA outpatient treatment records dated December 2017 reflect that in August 2017, the Veteran presented with invalid test results. A second audiogram was attempted but again, was neither reliable nor valid.  

Consequently, the Board is without meaningful clinical findings responsive to the applicable rating criteria pursuant to 38 C.F.R. § 4.85.  Therefore, another VA examination is warranted to determine the current nature and severity of the Veteran's right ear hearing loss.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to ascertain the current nature and severity of his service-connected right ear hearing loss.  

All necessary testing must be accomplished.  If results are not obtainable, the VA examiner should provide an explanation as to the cause of such.  Is the Veteran physically unable to respond appropriately due to physical or cognitive limitations? Are there circumstances under which valid results could be obtained?

2. Then, readjudicate the remanded issue.  If the benefit sought remains denied, issue a supplemental statement of the case return the case to the Board if otherwise in order. 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G.A. Ong, 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.