Citation Nr: 22005686 Decision Date: 02/02/22 Archive Date: 02/02/22 DOCKET NO. 19-06 757 DATE: February 2, 2022 REMANDED Service connection for left ear hearing loss is remanded. Entitlement to a compensable rating for right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from May 1970 to February 1974. Unfortunately, the Veteran died in February 2020. At the time of his death in February 2020, the Veteran had a pending appeal for the issues set forth on the title page. In May 2020, the Agency of Original Jurisdiction permitted the Veteran's surviving spouse, who is the Appellant, to substitute as the claimant for the purposes of all claims that were pending at the date of the Veteran's death. In December 2021, the Appellant and her granddaughter presented sworn testimony at a hearing before the undersigned Veterans Law Judge. The Appellant appeared without the benefit of a representative from Disabled American Veterans. 1. Service connection for left ear hearing loss is remanded. The Veteran sought service connection for left ear hearing loss, which he and the Appellant relate to in-service exposure to loud noise. The Board acknowledges that the Veteran was exposed to loud noise during service as an Air Force maintenance specialist. Indeed, he was in receipt of service connection for right ear hearing loss. This case turns on whether the Veteran had a current left ear hearing loss disability. 2. VA audiological measurements taken on the following dates show that the Veteran's left ear hearing loss did not meet the criteria for a hearing loss disability for VA purposes set forth in 38 C.F.R. § 3:385: July 2011, January 2015, June 2017, and July 2018. Without evidence of hearing loss that satisfies the criteria the Board cannot grant service connection because the Veteran's left ear hearing loss does not constitute a hearing loss disability for VA purposes. See Palczewski v. Nicholson, 21 Vet. App. 174, 178-80 (2007) (specifically upholding the validity of 38 C.F.R. § 3.385 to define hearing loss for VA compensation purposes). The Board acknowledges this especially given that there is medical evidence linking the Veteran's left ear hearing loss to service. However, in June 2016, a private otolaryngologist diagnosed bilateral symmetric hearing loss and opined that such was related to the Veteran's in-service noise exposure. The examiner stated that the opinion was predicated, in part, on physical examination of the Veteran. Records relating to the examiner's evaluation of the Veteran's hearing have not been obtained. As these records may establish that the Veteran met the criteria for a left ear hearing loss disability, they must be obtained. 3. Entitlement to a compensable rating for right ear hearing loss is remanded. The Appellant's claim for an increased rating for right ear hearing loss is remanded as it is inextricably intertwined with the remanded service connection claim. See Simmons v. Shinseki, 24 Vet. App. 87,93 (2010) (The Court held that a claim involving service connection for one ear and a higher rating for the other ear, such as is the case here, are inextricably intertwined). The matters are REMANDED for the following action: Ask the Appellant to complete a VA Form 21-4142 for any clinician that treated the Veteran's hearing impairment, to specifically include all records and test results from the otolaryngologist who submitted the medical opinion, received by VA on June 6, 2016. Make two requests for any authorized records, unless it is clear after the first request that a second request would be futile. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joshua R. Castillo, 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.