Citation Nr: 21027337
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-43 815
DATE: May 5, 2021

REMANDED

Entitlement to an initial compensable rating from October 31, 2014 to March 4, 2021 for service-connected bilateral hearing loss is remanded.

Entitlement to a rating higher than 10 percent from March 5, 2021 for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1955 to January 1960

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

The Veteran testified at a January 2021 virtual Board hearing before the undersigned Veterans Law Judge (VLJ) and a transcript of the hearing is associated with the electronic claims file. 

In February 2021, the Board remanded the matter for missing medical records and a new VA examination. Most of the outstanding records were obtained and an adequate VA examination was conducted, but it appears that some records may still be missing. The Board finds that the remand instructions were not substantially complied with and, unfortunately, further remand is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Specifically, an April 2019 audiologic report appears to be missing from the claims file. An April 2019 Scheduling Note indicates that the Veteran was referred for diagnostic audiological and hearing aid evaluations and treatment, and a May 2019 Choice Consult Result Note indicates that a CHOICE audiology consult result had been completed on April 29, 2019. The May 2019 Note further indicates that there is a scanned audiologic report, but this report has not been associated with the claims file. Because this report is relevant to the Veteran's increased rating claims, the Board cannot decide the pending issues until this development is completed.

The matters are REMANDED for the following action:

Obtain and associate with the record the Veteran's April 2019 CHOICE consult audiology report, which should be located in VistA Imaging.  

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Tierno

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.