Citation Nr: 21039686 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-29 354 DATE: July 1, 2021 REMANDED Entitlement to an initial compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1977 to September 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge in December 2020. A transcript of the hearing is in the Veteran's file. This matter was previously before the Board in February 2021, at which time it was remanded for a new examination due to reports of worsening symptoms. The Board notes the Veteran has a long history of audiological examinations that are invalid for rating purposes, specifically in June 2009, June 2013, and May 2014. The audiological examination results were reliable in November 2009 after extensive reinstruction and re-testing. Following the Board's February 2021 Remand, the Veteran was evaluated for VA purposes in April 2021. Significantly, the April 2021 audiologist noted that the puretone threshold test results and the word recognition testing were not valid for rating purposes. With respect to the word recognition testing, the audiologist explained the validity of the results was questioned because it was necessary to re-instruct the veteran multiple times and he did not seem to fully comprehend the instructions. It also was observed that many times the words he was repeating rhymed or were the opposite of the recording. "For example the veteran stated 'day' instead of 'night.'" The puretone test results were not considered valid because, "Bone conduction at 250Hz showed conductive and mixed losses even with masking. Veteran had difficulty understanding masking instructions..." To a lay person, it is not clear why bone conduction at 250 Hz showing conductive and mixed losses even with masking, renders the overall results of the evaluation invalid. This should be explained. The Veteran submitted a statement in May 2021, that was directed to the Board. After setting forth his name, it reads as follows: I have been to a hearing doctor. This lady does not know what she is doing. I was racially profiled by seeing her. I am black and was racially profiled by her. I am a black veteran. Please help me. I want to file an appeal. Thank you. Austin, Texas is racially profiling black soldiers. What precisely the Veteran meant to convey by this, and how it may relate to the adjudication of his appeal is not clear. On remand he will have an opportunity to clarify his remarks if he chooses. The matters are REMANDED for the following action: 1. Refer the claims file to an appropriate person who should review it, and explain why puretone test results would be invalid in the Veteran's case where bone conduction at 250Hz showed conductive and mixed losses even with masking. If another audiologic examination is necessary to address this, that should be arranged. If valid audiometric results cannot be obtained, the reasons for this should be fully explained. In doing so, the examiner should indicate whether the inability to obtain valid results is due to some circumstance unique to the Veteran that renders him incapable of providing valid responses (in which case it should be determined whether there are any possible accommodations that would address the problem), whether it is due to his failure to cooperate, or some other reason(s). 2. Following any additional indicated development, review the claims file and readjudicate the claim. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Jaigirdar, 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.