Citation Nr: 21027488
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 12-32 344
DATE: May 5, 2021

REMANDED

Entitlement to an initial compensable rating and a rating in excess of 30 percent from July 16, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from December 1967 to November 1971.  

This matter originally came to the Board of Veterans' Appeals (Board) on appeal from a March 2011 rating decision.  The Board remanded for additional development in March 2017, July 2018, and November 2019.  

1. Entitlement to an initial compensable rating and a rating in excess of 30 percent from July 16, 2019 is remanded.

Based on the reasons discussed below, the Board finds that the agency of original jurisdiction (AOJ) did not substantially comply with the November 2019 Board directives and that further development is still required. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

In addition to all outstanding VA treatment records and all associated outpatient clinic records from June 2010 to the present, the November 2019 Board remand ordered that complete audiology treatment records, including those not included in CAPRI records, be obtained. Specifically, the Board noted that an October 2017 VA audiology consultation note indicates that audiometric tests (including word recognition and pure tone threshold evaluations) were conducted and includes the audiologist's interpretation of a referenced October 2017 audiogram, but the full audiometry results are not of record. Also, a February 2011 ENT clinic note references an audiogram but notes "no official audiogram available (only on display)." In addition, audiology consult notes from January 2011 and December 2011, and an ENT consult note from January 2012 summarize audiometric test results, but the associated audiograms are not of record.

The Board notes that CAPRI records were added to the file in compliance with the 2019 remand directives; however, the audiological testing results discussed above were not obtained. On remand, those records, which may be located in records systems other than CAPRI, to include Vista and Remote Order Entry System (ROES), must be obtained and associated with the Veteran's claims file.

In addition to the audiological testing results discussed above, the Board notes that an April 2019 VA treatment record references audiological testing, but the full results are not included in the CAPRI records associated with the Veteran's claims file. The full results of that audiological testing should be obtained as well.

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The matters are REMANDED for the following action:

Obtain and associate with the Veteran's claims file records of all audiometric testing conducted at the VA or included in the Veteran's VA medical records, to include audiometric data located in records systems other than CAPRI, including Vista and ROES. Such audiological testing may include records referenced in the Veteran's VA treatment records on January 11, 2011, February 11, 2011, January 11, 2012, December 20, 2011, October 27, 2017, and April 16, 2019. If the audiological testing records are unavailable, all attempts to locate them should be documented.

 

 

Amanda Christensen

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Rekowski

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.