Citation Nr: 21027698
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 17-43 185
DATE: May 6, 2021

ORDER

Service connection for a low back disability is dismissed.

REMANDED

Entitlement to a compensable rating for bilateral hearing loss is remanded.

FINDING OF FACT

In a November 2020 rating decision, the Regional Office (RO) granted service connection for degenerative arthritis of the spine for the period on appeal.

CONCLUSION OF LAW

The criteria for service connection for a low back disability is dismissed as moot. 38 U.S.C. § 7105; 38 C.F.R. § 20.104(c).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1959 to December 1979.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision issued by a Department of Veterans Affairs (VA) RO.

In January 2018, the Board denied the Veteran's claim for a compensable rating for bilateral hearing loss.  The Veteran appealed the denial to the Court of Appeals for Veterans Claims (CAVC).  In September 2018, pursuant to a joint motion for partial remand (JMPR) filed by the VA and the Veteran, CAVC vacated the Board's 2018 decision and remanded it to the Board for further action.  The Board remanded the hearing loss issue in March 2019 to abide by the terms of the JMPR.

1. Service connection for a low back disability

The low back issue was denied in a February 2020 Board decision and the Veteran appealed the denial to the CAVC in November 2020.  Pursuant to a JMPR, 

the 2020 decision was vacated, and the issue has now returned to the Board for action consistent with the JMPR.

However, a November 2020 rating decision granted the Veteran entitlement to service connection for degenerative arthritis of the spine effective January 14, 2016.  As the benefit (service connection) sought has been granted in full, there remains no controversy, or error of fact or law to be considered.  Thus, 

the circumstances of the case have changed since the November 2020 JMPR.

For the reasons set forth above, the issue of service connection for a low back disability has been rendered moot by virtue of the November 2020 rating decision and the issue is dismissed.  38 U.S.C. § 7105(d)(5); 38 C.F.R. § 20.104(c).

 

REASONS FOR REMAND

2. A compensable rating for bilateral hearing loss

An August 2018 VA audiology hearing evaluation noted reflects that the Veteran's hearing was assessed. There is a narrative description of the results; however, the detailed audiogram findings are stated to be available in "CPRS Tools, Audiogram Display, or remotely through ROES search."  The Board does not have access to these tools, to include CPRS.  As such, a remand is necessary to add the actual audiogram report to the claims file.  

This matter is REMANDED for the following actions:

1. Add the full audiogram (with puretone thresholds and speech discrimination scores) from the August 2019 

VA hearing assessment to the claims file.

2. Update the claims file with VA treatment records from October 2019 to the present. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Cruz, 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.