Citation Nr: 21030973
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-29 283
DATE: May 20, 2021

REMANDED

The claim for service connection for right ear hearing loss is remanded.

Entitlement to an initial compensable rating for hypertension is remanded.

Entitlement to an initial compensable rating for headache syndrome is remanded.

Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the right knee is remanded.

Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the left knee is remanded.

Entitlement to a total rating based on individual unemployability due to service connected disabilities (TDIU) prior to April 13, 2018, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1998 to April 2015.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from September 2015 and August 2016 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judges (VLJ) in March 2021.  The hearing transcript is associated with the record. At the hearing, the Veteran raised the issue of entitlement to a TDIU prior to April 13, 2018 (the effective date the RO granted a 100 percent rating). The Board has considered the TDIU claim as part of his pending increased rating claim, and is listing the raised TDIU claim as an issue on appeal. See, Rice v. Shinseki, 22 Vet. App. 447 (2009).

1. Entitlement to an initial compensable rating for headache syndrome is remanded 

2. Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the right knee

3. Entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the left knee

4. Entitlement to an initial compensable rating for hypertension

5. A compensation examination for hypertension has not been conducted since July 2015.  An updated VA examination is needed.

6. Entitlement to a TDIU

The record shows that the Veteran received VA Vocational Rehabilitation and Educational (VRE) benefits. The AOJ should obtain any records developed as part of this claim. This evidence may be relevant to all claims in appellate status. As the Board is remanding the appeal, the Board finds that the updated VA hypertension examination should also be obtained.

7. The claim for service connection for right ear hearing loss

At his hearing, the Veteran indicated that his right ear hearing loss may have increased in severity since the July 2015 compensation examination. An updated VA examination is needed based on this evidence that a disability for VA purposes now exists.

The matters are REMANDED for the following action:

1. The RO should obtain any additional VA vocational rehabilitation documents, and associate it with the e folder.

2. Update VA treatment records.

3. After completing directives1-2, schedule the Veteran for an examination by an appropriate clinician to determine whether the Veteran experiences a right ear hearing loss as defined by VA standards. If so, the examiner must opine whether it is at least as likely as not related to in-service acoustic trauma. 

4. After completing directives1-2, schedule the Veteran for examination to determine the current severity of the service-connected hypertension.

5. Then readjudicate issues remaining in appellate status, to include entitlement to TDIU prior to April 13, 2018. 

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.D. Jackson, 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.