Citation Nr: 21027840
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 17-28 931
DATE: May 7, 2021

REMANDED

The claim for a rating in excess of 10 percent for bilateral hearing loss, to include an initial compensable rating prior to February 12, 2021, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1976 to July 1980.  The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a February 2020 Board hearing.  A complete transcript is of record. 

The Veteran asserts that he is entitled to higher ratings than those assigned for his service-connected bilateral hearing loss. 

This issue was previously before the Board in June 2020.  The Veteran testified at the February 2020 Board hearing that his hearing had worsened since the latest VA examination for hearing loss in July 2019.  He requested a re-evaluation of his hearing loss.

The Veteran was afforded a VA audiological examination in February 2021.  Based on the results of the audiological examination, the Veteran's disability rating for hearing loss was increased to 10 percent, from February 12, 2021, forward.  As such, the Board finds that there has been substantial compliance with the June 2020 remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

However, he still has an initial noncompensable rating from December 18, 2014 to February 12, 2021.  A review of the Veteran's VA treatment records shows that he underwent two audiological assessments prior to February 12, 2021.  In February 2016 he was noted to have normal hearing in both ears through 4k Hz and mild to moderate hearing loss in the 6k-8k Hz.  In August 2017 he was noted to have borderline normal/mild hearing loss from 500-4k Hz and mild to moderate hearing loss at 8k Hz; and word understanding was noted to be good, bilaterally.  However, only written summaries of the audiological results were reported in the CAPRI records.  The results in puretone thresholds were not provided, but the August 2017 audiological assessment report did note that an audiometric summary was available in CPRS Tools/Audiogram Display.  

Here, the written summary of the August 2017 audiological assessment, that the Veteran had borderline normal/mild hearing loss from 500-4k Hz, allow for the possibility that the puretone thresholds could entitle the Veteran to a compensable rating, prior to February 12, 2021.  The Board notes that even minimal changes in the Veteran's puretone threshold levels could warrant a compensable rating.  As such, remand is necessary to attempt to obtain the full results of the February 2016 and August 2017 audiological testing.  

Accordingly, an increased rating for bilateral hearing loss prior to February 12, 2021 is remanded.

The matters are REMANDED for the following action:

Obtain the specific results in puretone thresholds of the February 2016 and August 2017 audiological testing and associate them with the Veteran's claims file.  

The Board notes that the August 1, 2017 VA treatment records indicate that a more complete audiometric summary is available in the CPRS Tools/Audiogram Display.  The Board seeks the results of both audiological assessments in puretone thresholds, which are not included in the Veteran's claims file.  

All efforts to obtain additional evidence should be documented in the claims file.  

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Fu, 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.