Citation Nr: 21032486
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 13-06 458
DATE: May 27, 2021

REMANDED

Entitlement to an increased rating above 50 percent for bilateral hearing loss is remanded.

Entitlement to an increased rating above 30 percent for pes planus is remanded.

REASONS FOR REMAND

The Veteran had qualifying service from July 1968 to April 1970. 

In June 2015, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge.

In September 2015 and November 2019 Decisions, the Board, in pertinent part, remanded the issues herein.

1. Entitlement to an increased rating above 50 percent for bilateral hearing loss

In an October 2019 Brief, the Veteran generally contended that his disabilities had worsened since his most recent VA examinations and requested new examinations to better assess the current severity of his conditions.  Accordingly, in its November 2019 Decision, the Board remanded so the agency of original jurisdiction (AOJ) could afford the Veteran an opportunity to be reexamined; specifically, the Board noted that, in addition to the Veteran's contention of worsening, the record also reflected that significant time had passed since the disabilities were last examined (in December 2015 and February 2016 VA examinations) such that those examinations were stale.  Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007).  

Crucially, the record reflects that the AOJ scheduled pertinent examinations, but that the AOJ was informed that the Veteran failed to appear.  See December 2019 Subsequent Development Letter (informing the Veteran that VA would soon advise him of the date, time, and place of his examinations); December 2019 Exam Requests (indicating that the Veteran failed to appear); July 2020 Supplemental Statement of Case (SSOC) (reiterating that the Veteran failed to appear).  However, in a March 2021 Brief, the Veteran's representative generally contended that he was not notified of the examinations.  The Board notes the Veteran's long history of successfully reporting to his scheduled examinations over the years.  Because the Veteran is seemingly willing to report for rescheduled examinations, it is best to remand for rescheduling because, as noted in the November 2019 Board Decision, the pertinent VA examinations of record are stale (being approximately five and a half years old to date).  Snuffer, supra; Palczewski, supra.  Thus, remand for further medical development is warranted.

2. Entitlement to an increased rating above 30 percent for pes planus

This issue is remanded for the same reasons discussed above.

The matters are REMANDED for the following action:

1. Examine the current severity of the Veteran's bilateral hearing loss.

2. Examine the current severity of the Veteran's bilateral pes planus.

3. The AOJ is requested to document any contact with the Veteran for scheduling these examinations.

  

4. Readjudicate the appeal. 

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Daus, 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.