Citation Nr: 21030197
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 16-16 000
DATE: May 18, 2021

REMANDED

Entitlement to an initial compensable disability rating for left ear hearing loss is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from March 1986 to March 1990.

This matter comes to the Board of Veterans' Appeals (Board) from a June 2015 rating decision which, in pertinent part, granted entitlement to service connection for left ear hearing loss, evaluated as noncompensable, effective March 6, 2014.

In September 2018 and June 2020, the Board remanded the matter for further development, to include obtaining outstanding private treatment records and a VA examination to assess the severity of the Veteran's left ear hearing loss. 

Entitlement to an initial compensable disability rating for left ear hearing loss is remanded.

The Board cannot make a fully-informed decision on the issue of entitlement to an initial compensable disability rating for left ear hearing loss at this time. 

Initially, the Board finds that VA complied with the Board's September 2018 and June 2020 remand directive to contact the ENT Associates of San Diego and request they verify whether the Maryland CNC test was utilized in determining the Veteran's speech discrimination scores during an August 2015 audiological evaluation.  

In September 2020 and December 2020 letters, VA requested ENT Associates of San Diego provide verification as to whether the Maryland CNC test was used.  A response was received in December 2020 consisting of treatment records that were already of record but did not include verification as to whether the Maryland CNC test was used. 

In February 2021 and March 2021 letters, VA again requested that ENT Associates of San Diego provide verification as to whether the Maryland CNC test was used.  A response was received in December 2020 consisting of treatment records that were already of record but did not include verification as to whether the Maryland CNC test was used.

Although the ENT Associates of San Diego have not provided the specific information requested, the Board finds that VA has complied with its duty to assist the Veteran in the development of her claims and that any further attempts to determine whether the Maryland CNC test was used during the August 2015 audiological evaluation would be futile. 

However, the Board finds that a remand is warranted.  Specifically, evidence indicates that there may be outstanding relevant VA treatment records.  A February 2021 VA audiology note reflects that VA performed an audiological case history interview and scheduled the Veteran for a comprehensive audiolgocal evaluation.  Audiology records subsequent to February 2021 are not associated with the record.  Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.

The matter is REMANDED for the following actions:

1. Obtain the Veteran's VA audiology treatment records from February 2021 to the present.

2. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Owen, 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.