Citation Nr: 23015366
Decision Date: 03/14/23	Archive Date: 03/14/23

DOCKET NO. 19-05 885A
DATE: March 14, 2023

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from March 2001 to April 2006 in the United States Army.  

This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Veteran submitted a timely notice of disagreement (NOD). See August 3, 2018, NOD.  In November 2018, the RO once again denied entitlement to the issues on appeal.  See November 5, 2018, SOC.  In March 2019, the Veteran submitted a substantive appeal for the claim above. See March 8, 2019, Form 9.  

The Board notes that in multiple February 2021 correspondence, the Veteran withdrew his hearing request.  Specifically, the withdrawal request indicated that the Veteran consented to the withdrawal, as well as identified the Veteran's name and claim number.  Therefore, the Veteran's hearing request has been withdrawn. See 38 C.F.R. § 20.704 (e), see also February 4, 2021, and February 5, 2021, Correspondence.  

Entitlement to a compensable rating for bilateral hearing loss is remanded

On his March 2019 substantive appeal, the Veteran asserted that his bilateral hearing loss symptomatology worsened since he was last examined by VA in December 2017.  See March 8, 2019, Form 9.  In February 2019, the Veteran underwent a VA audiological assessment. See March 8, 2019, Medical Treatment Record  Non-Government Facility. The audiologist diagnosed the Veteran with bilateral sensorineural hearing loss.  Air and bone conduction measurements were recorded; however, it appears that Maryland CNC discrimination scores were not measured, which is required per 38 C.F.R. § 4.85. See Acevedo-Escobar v. West, 12 Vet. App. 9, 10 (1998); Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992).   Further, the Veteran noted in January 2021 that his symptoms had worsened. See January 22, 2021, CAPRI, page 1. Also, in March 2020, the Veteran's chief complaint was hearing care, among other ailments.  See October 20, 2020, CAPRI, page 9.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his bilateral hearing loss.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from January 2021 to the present from the Charles George VA Medical Center in Asheville, North Carolina.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. 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. To the extent possible, the examiner should identify any symptoms and functional impairments due to bilateral hearing loss alone and discuss the effect of the Veteran's hearing loss on any occupational functioning and activities of daily living. 

If it is not possible to provide a specific measurement, or an opinion regarding symptoms or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).

 

 

Danette Mincey

Veterans Law Judge

Board of Veterans' Appeals

                          J. Costello, Attorney for the Board of Veterans' Appeals	

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.