Citation Nr: 0812166 Decision Date: 04/11/08 Archive Date: 04/23/08 DOCKET NO. 08-02 079 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUE Entitlement to an increased compensable rating for bilateral hearing loss. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD James A. DeFrank, Associate Counsel INTRODUCTION The veteran served on active duty from August 1969 to August 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2007 rating decision issued by the Department of Veterans Affairs (VA) Newark, New Jersey Regional Office (RO) which, in part, continued a noncompensable rating for bilateral high frequency sensor neural hearing loss. The veteran provided testimony in support of his appeal at a videoconference hearing before the undersigned at the RO in March 2008. A transcript of that hearing is of record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran is entitled to a new VA examination where there is evidence (including his statements) that the condition has worsened since the last examination. Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). The veteran last underwent a VA audiological examination in January 2007. The results of the veteran's audiological examination did not meet the criteria for a compensable evaluation. 38 C.F.R. § 4.85 (2007). In February 2008 the veteran underwent an audiological examination at the Somerset Ear Nose & Throat Associates. The results of this audiological examination would appear to meet the criteria for a 10 percent evaluation; but it is unclear whether this evaluation was conducted in accordance with VA guidelines. Martinak v. Nicholson, 21 Vet. App. 447 (2007); 38 C.F.R. § 4.85. The February 2008 examination does indicate a worsening in the veteran's hearing. As stated above, a veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination. Id. The veteran's statements and the February 2008 private audiological examination demonstrate that the veteran's condition has worsened. A new VA examination is needed to determine the current severity of the veteran's bilateral hearing loss in compliance with the regulations of 38 C.F.R. § 4.85. Accordingly, the case is REMANDED for the following action: 1. Provide the veteran with a VA audiological examination to determine the severity of his service-connected bilateral hearing loss. 2. Then re-adjudicate the claim. If any claim on appeal remains denied, issue a supplemental statement of the case before returning them to the Board, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Mark D. Hindin Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).