Citation Nr: 22014596
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 17-36 270
DATE: March 14, 2022

REMANDED

Entitlement to a rating in excess of 20 percent for bilateral hearing loss prior to September 29, 2020, and in excess of 70 percent from September 29, 2020, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1969 to July 1999. The matter was most recently remanded in January 2020. Unfortunately, the Board is unable to make a fully informed decision because the Agency of Original Jurisdiction did not substantially comply with the Board's January 2020 remand directives in attempting to contact all non-VA providers for treatment records regarding the issue on appeal. Stegall v. West, 11 Vet. App. 268 (1998).

In the January 2020 remand, the Board recognized an October 2017 private audiology examination submitted by the Veteran. The examination did not appear to be a complete report and the AOJ was directed on remand to obtain these records as they were indicative of a possible higher rating. That same month, the Veteran was provided and completed a VA form 21-4142 Authorization to Disclose Information to the Department of Veterans Affairs (VA) form. In February 2020, the AOJ documented that records were not retrieved and noted the request was incomplete and "missing 4142a." The VA sent the Veteran a VA form 21-4142a General Release for Medical Provider Information to the VA. No further attempts to obtain the VA form 21-4142a from the Veteran were made. Furthermore, the Board notes VA treatment records indicate audiology examinations were conducted in November 2016 and November 2019. Word recognition scores are recorded in these notes, but the audiograms related to these examinations are not associated with the file. As a result, the matter must be remanded to obtain treatment records regarding to the issue on appeal.

The matter is REMANDED for the following action:

Contact the Veteran, provide him with a VA 21-4142a, and, with the Veteran's assistance identify and obtain copies of any pertinent medical or VA treatment records from December 2015 to September 2020, to include Taylor Hearing Centers and the Conway VA Clinic audiograms and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified. 

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jarman, 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.