Citation Nr: 21039780 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 13-09 468 DATE: July 1, 2021 REMANDED Entitlement to an initial compensable rating for a service-connected bilateral hearing loss disability is remanded. Entitlement to a total disability rating based on unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from November 1979 to October 1987. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa. In that decision, the RO granted entitlement to service connection for a bilateral hearing loss disability and assigned a noncompensable (0 percent) disability rating, effective March 7, 2011. The RO also denied the Veteran's claim of entitlement to a TDIU. The issues on appeal were previously remanded by the Board in March 2015 and March 2019. Regrettably, another remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. 1. Entitlement to an initial compensable rating for a service-connected bilateral hearing loss disability is remanded. 2. Entitlement to a total disability rating based on unemployability (TDIU) due to service-connected disabilities is remanded. The Board finds that this appeal must be remanded so that the agency of original jurisdiction (AOJ) can make sufficient attempt(s) to obtain outstanding portions of the Veteran's VA treatment records. The Veteran's claims file contains VA treatment records with notes dated in June 2011 and August 2011, saying "Please see AUDIOGRAM DISPLAY for complete hearing thresholds levels." Additionally, a February 2017 note in the Veteran's VA treatment records states, in part, "PLEASE USE 'AUDIOGRAM DISPLAY' TOOL TO VIEW PURE TONE RESULTS. To see Speech audiometry and immittance data, click 'View' then 'Table.'" A May 2017 note in the Veteran's VA treatment records states "Audiogram entered into Noah." The Board finds that these notes indicate that there may be audiograms or other hearing test results in the Veteran's VA treatment records that have not been obtained and that would clearly be relevant to these claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's VA medical records or records of examination or treatment at non-VA facilities authorized by VA. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. 38 C.F.R. § 3.159(c)(2)-(3). Here, the Board finds that the aforementioned evidence of record indicates that there may be relevant VA medical records that are missing from the claims file, and there is no indication that the AOJ has made any attempts to obtain those records or concluded that such records do not exist or that further efforts to obtain those records would be futile. The Board reminds the AOJ that the Board does not have access to the Audiogram Display system/tool or Noah, so any documentation of the aforementioned audiogram(s)/hearing test result(s) must be printed from those systems/tools and uploaded/added to the Veteran's VBMS or Virtual VA file. Therefore, the Board finds that this appeal must be remanded so that the AOJ can make sufficient attempts, as outlined in 38 C.F.R. § 3.159, to obtain all complete audiograms and hearing test results in the Veteran's VA treatment records and/or in VA's related information systems. If the referenced audiogram(s)/hearing test result(s) cannot be obtained and associated with the claims file for review, documentation to this effect must be clearly noted in the Veteran's claims file and the Veteran must be duly notified. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from August 2020 to present. 2. Obtain all complete audiograms and hearing test results in the Veteran's VA treatment records and/or in VA's related information systems, including those discussed in the June 2011, August 2011, February 2017, and May 2017 notes in the Veteran's VA treatment records. Retrieve all such complete copies of audiograms and hearing test results, as suggested in the aforementioned treatment notes, from any "AUDIOGRAM DISPLAY" or "Noah" tools or sections of the Veteran's VA treatment records or VA information systems. (Continued on the next page) Only end efforts to obtain these records/results if/when it is concluded that the records/results do not exist or that further efforts to obtain them would be futile. If such a conclusion is reached, notify the Veteran as required by 38 C.F.R. § 3.159(e). Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Banks, 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.