Citation Nr: 21031032
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-57 283
DATE: May 20, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from December 1965 to November 1967.  This matter was recently before the Board of Veterans' Appeals (Board) in February 2020 and remanded for further development. 

Notably, the matter was remanded for a VA audiological evaluation to determine the current severity of the Veteran's bilateral hearing loss disability as he had testified that his hearing loss continued to worsen daily since his most recent December 2017 examination.

While the Veteran was afforded a new VA audiological evaluation in March 2020, the test results were considered not valid for rating purposes due to discrepancies between air and bone conduction thresholds.  The use of speech discrimination scores was considered not appropriate because of language difficulties, cognitive problems, and inconsistent speech discrimination scores.  No attempts were made to obtain a new VA audiological evaluation with test results that were valid for rating purposes.  Unfortunately, there has not been substantial compliance with the Board's previous remand directives and another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1.  Schedule the Veteran for an audiological examination with valid audiometric studies to determine the current severity of his bilateral hearing loss disability.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

2.  If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.