Citation Nr: 22040944
Decision Date: 07/18/22	Archive Date: 07/18/22

DOCKET NO. 16-40 619A
DATE: July 18, 2022

REMANDED

Entitlement to a compensable initial rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1983 to March 1986.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

The issues of entitlement to a compensable initial rating for bilateral hearing loss and entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) were remanded in October 2019. In December 2021, the RO granted service connection for an acquired psychiatric disability, to include PTSD. Therefore, that issue is no longer before the Board.

 

Entitlement to a compensable initial rating for bilateral hearing loss is remanded.

The Veteran last attended a VA examination for his bilateral hearing loss in December 2019.

VA treatment records show that the Veteran underwent an audiological examination in May 2021 and July 2021.  In May 2021, treatment records show the Veteran reported that his hearing loss has become more severe and that his hearing aids were adjusted. As hearing acuity is perceived through the special senses, the Veteran is competent to report an observed decline, and it is competent evidence that he may be entitled to a compensable rating for his hearing loss disability. Consequently, a remand for a new audiological examination is warranted. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

Additionally, the July 2021 treatment records indicate that there may be relevant records scanned into the VistA system. VA must make as many attempts as necessary to obtain these records, provided that the Veteran cooperates with VA's efforts to obtain the records, or until VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. 38 C.F.R. § 3.159(c)(2).

The matters are REMANDED for the following action:

1. Obtain any outstanding treatment documents currently scanned into the VistA system. 

Make as many attempts as is necessary to obtain the records or until VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. 

Document all attempts to obtain the records in the claims file and any negative responses received. 

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss disability.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Boal, 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.