Citation Nr: 21028008
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 16-44 655
DATE: May 10, 2021

REMANDED

Entitlement to an initial compensable rating for bilateral hearing loss prior to July 15, 2016, and in excess of 20 percent thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from July 1965 to April 1975.  

This appeal comes before the Board of Veterans' Appeals (Board) from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) granting an increase in evaluation of bilateral hearing loss to 20 percent effective July 15, 2016.  

Entitlement to an initial compensable rating for bilateral hearing loss prior to July 15, 2016 and in excess of 20 percent thereafter is remanded.

This case was previously remanded in January 2019 for the Veteran to undergo a VA examination.  The requested examination was conducted in December 2019.  However, the examiner noted that he could not test the Veteran's hearing in either ear.  The examiner reported that this inability to test was due to inconsistent responses that did not agree with each other or with observed behaviors.  

The Board notes that a 2016 VA examiner did not observe such inconsistencies and that this appeal was previously remanded in part because the Veteran explained that he had been told his hearing acuity was decreasing by 5 percent each year.  In light of the documented severity level of the Veteran's hearing during the 2016 VA examination, as well as the Veteran's assertion, in August 2020 correspondence, that both of his ears were not tested during the December 2019 VA examination, an additional examination is needed on remand.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA audiological examination, with a different VA examiner than the December 2019 VA examiner, to determine the current severity of his bilateral hearing loss.  The claims folder must be made available to and be reviewed by the examiner in conjunction with the examination.  All necessary tests, including audiometric evaluation, should be conducted and the results reported in detail.

The examination report should also address the Veteran's complaints of bilateral hearing loss and its impact on his activities of daily living and occupational functioning. 

 

L. STEPANICK

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Holcombe, 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.