Citation Nr: 22010201 Decision Date: 02/22/22 Archive Date: 02/22/22 DOCKET NO. 17-28 320 DATE: February 22, 2022 REMANDED Entitlement to an initial compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1963 to March 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. The Veteran was last afforded a VA audiological examination in April 2015. The Veteran, in his May 2017 substantive appeal, indicated that his hearing has worsened since his last VA examination. The Board finds that he should be afforded a new examination in order to determine the current nature and severity of this service-connected disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The Board notes that the Veteran is currently incarcerated. VA has special procedures for handling the scheduling of VA examinations for incarcerated Veterans. The duty to assist for incarcerated Veterans requires VA to tailor its assistance to meet the peculiar circumstances of confinement, as those individuals are entitled to the same care and consideration given to non-incarcerated Veterans. Wood v. Derwinski, 1 Vet. App. 190 (1991). VA does not have the authority to require a correctional institution to release a Veteran so that VA can provide him the necessary examination at the closest VA medical facility. See Bolton v. Brown, 8 Vet. App. 185, 191 (1995). Nevertheless, VA's duty to assist an incarcerated Veteran includes: (1) attempting to arrange transportation of the claimant to a VA facility for examination; (2) contacting the correctional facility and having their medical personnel conduct an examination according to VA examination work sheets; or (3) sending a VA or fee-basis examiner to the correctional facility to conduct the examination. VA policy further instructs that in cases where the movement of and access to inmates is restricted by state laws, documentation of substantial efforts to schedule and conduct the examination must be added to the claims file. Such documentation includes identifying and requesting the assistance of the appropriate prison officials. The examination provider is therefore instructed to exhaust all possible avenues for obtaining access to the incarcerated Veteran for the examination. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral hearing loss, pursuant to the guidance pertaining to incarcerated Veterans. All tests deemed necessary should be conducted and the results reported in detail. The examiner must comment on the functional effects of the disability evaluated If the RO is unable to afford the Veteran an examination due to his incarceration, then document in detail all the steps taken in attempting to do so. The claims file must be made available to, and be reviewed by, the examiner. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. M. Clark, 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.