Citation Nr: 22019645
Decision Date: 04/02/22	Archive Date: 04/02/22

DOCKET NO. 17-20 660
DATE: April 2, 2022

REMANDED

Entitlement for an initial compensable rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1954 to December 1957.

This appeal stems from a December 2016 rating decision that granted service connection for bilateral hearing loss and assigned an initial noncompensable rating. 

In an August 2019 decision, the Board denied the claim for initial compensable rating for bilateral hearing loss.  

The Veteran timely appealed the decision to the United States Court of Appeals for Veterans Claims (Court) and by a November 2021 Memorandum Decision, the Court set aside the Board's decision and remanded it for further development.  

Specifically, the Court found that the Board's indication that puretone thresholds were not available for the private 2016 and 2019 audiograms was incorrect, as those were available.  In addition, although the July 2019 private audiogram also resulted in noncompensable rating, it still showed some worsening in both puretone thresholds and speech recognition, bilaterally.  The Court found that the Board's failure to explain why this did not result in the need for a new examination was erroneous.  

On review, the Board finds that since the private audiogram showed worsening of the Veteran's bilateral hearing loss, a new VA examination is necessary. See Snuffer v. Gober, 10 Vet. App. 400 (1997). 

The matters are REMANDED for the following action:

1.  Provide the Veteran with a VA audiology examination to determine the current severity of his bilateral hearing loss. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed, including the Maryland CNC test and a pure tone audiometry test. The examiner is requested to review all pertinent records associated with the claims file.

2.  Thereafter, readjudicate the remanded claim.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Yaffe, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.