Citation Nr: 22037149
Decision Date: 06/28/22	Archive Date: 06/28/22

DOCKET NO. 19-19 900
DATE: June 28, 2022

REMANDED

Entitlement to a compensable rating for service-connected scar, lateral left thigh, is remanded.

Entitlement to a compensable rating for service-connected left hip strain, thigh impairment, is remanded.

Entitlement to a compensable rating for service-connected left hip strain, limitation of flexion, is remanded.

Entitlement to a compensable rating for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1972 to March 1978.

On appeal is a March 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) that, as relevant here, granted service connection and assigned noncompensable (0 percent) disability ratings for scar, lateral left thigh;  left hip strain (based on thigh impairment); left hip strain (based on limitation of flexion); and bilateral hearing loss. On appeal, the Veteran is challenging the assigned disability ratings.

The Veteran testified at a virtual hearing before the undersigned Veterans Law Judge in March 2022. A transcript of that hearing has been associated with the claims file. The matter is now before the Board of Veterans' Appeals (Board) for appellate review. 

1. Entitlement to a compensable rating for service-connected scar, lateral left thigh, is remanded.

2. Entitlement to a compensable rating for service-connected left hip strain, thigh impairment, is remanded.

3. Entitlement to a compensable rating for service-connected left hip strain, limitation of flexion, is remanded.

4. Entitlement to a compensable rating for service-connected bilateral hearing loss, is remanded.

The Board finds that additional development is needed prior to appellate review of the Veteran's claim for compensable disability ratings for scar, lateral left thigh; left hip strain (based on thigh impairment); left hip strain (based on limitation of flexion); and bilateral hearing loss. The Board notes that the last VA examinations of record for these issues were conducted in October 2018. However, at the Board hearing in this matter in March 2022, the Veteran testified that his symptoms had worsened since the October 2018 VA examinations. As such, the Board finds that new VA examination is needed to determine the current severity of the Veteran's scar, lateral left thigh; left hip strain (based on thigh impairment); left hip strain (based on limitation of flexion); and bilateral hearing loss. See Snuffer v. Gober, 10 Vet. App. 400, 403 1997).

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected scar, lateral left thigh.  All necessary studies and tests should be conducted. The entire claims file, to include a complete copy of this remand, must be made available to, and reviewed by, the designated examiner. The examiner must fully describe all symptomatology and the functional effects associated with this disability.

2. Schedule the Veteran for a VA examination to determine the current severity of his service-connected left hip strain. All necessary studies and tests should be conducted. The entire claims file, to include a complete copy of this remand, must be made available to, and reviewed by, the designated examiner. The examiner must fully describe all symptomatology and the functional effects associated with this disability. To this end, the Board notes the Veteran is separately rated for thigh impairment and limitation of flexion.

3. Schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral hearing loss.  All necessary studies and tests should be conducted. The entire claims file, to include a complete copy of this remand, must be made available to, and reviewed by, the designated examiner. The examiner must fully describe all symptomatology and the functional effects associated with this disability. The rationale for all opinions expressed must be provided. 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bess, T.

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.