Citation Nr: 0814663 Decision Date: 05/02/08 Archive Date: 05/12/08 DOCKET NO. 07-28 874 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to a compensable evaluation for bilateral hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. P. Simpson, Counsel INTRODUCTION The veteran served on active duty from July 1966 to April 1969, from April 2002 to August 2002, from October 2002 to March 8, 2003, from March 23, 2003, to February 2004, and from March 2004 to September 2004. This case comes before the Board of Veterans' Appeals (Board) on appeal from the Roanoke, Virginia, Department of Veterans Affairs (VA) Regional Office (RO). In February 2008, the veteran testified at a personal hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the claims file. 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 At the February 2008 hearing, the veteran asserted that his hearing loss had worsened since his November 2007 VA audiological evaluation. See VA O.G.C. Prec. Op. No. 11-95 (April 7, 1995) (another VA examination is required when disability in question has undergone an increase in severity since the time of the last VA examination). Thus, an additional examination will be needed to enable the Board to render a final determination as to this claim. See Colvin v. Derwinski, 1 Vet. App. 171 (1991). Additionally, the Board finds that the veteran must receive proper notification in compliance with the Veterans Claims Assistance Act and Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008). Accordingly, the case is REMANDED for the following actions: 1. The RO/AMC should issue a letter in connection with the veteran's claim for an increased rating for hearing loss, which should include the following: (i) notify the claimant that to substantiate a claim the claimant must provide, or ask the Secretary to obtain, medical or lay evidence demonstrating a worsening or increase in severity of the disability and the effect that worsening has on the claimant's employment and daily life; (ii) provide the provisions of Diagnostic Code 6100; (iii) notify the claimant that should an increase in disability be found, a disability rating will be determined by applying relevant Diagnostic Codes, which typically provide for a range in severity of a particular disability from noncompensable to as much as 100 percent, based on the nature of the symptoms of the condition for which disability compensation is being sought, their severity and duration, and their impact upon employment and daily life; and (iv) provide examples of the types of medical and lay evidence that the claimant may submit (or ask the Secretary to obtain) that are relevant to establishing entitlement to increased compensation-e.g., competent lay statements describing symptoms, medical and hospitalization records, medical statements, employer statements, job application rejections, and any other evidence showing an increase in the disability or exceptional circumstances relating to the disability. 2. The RO/AMC should schedule the veteran for a VA examination to determine the level of severity of the service- connected bilateral hearing loss. A complete rationale for any opinion should be included in the report. The claims file must be available to the examiner before completion of the examination report. 3. Thereafter, the RO/AMC should readjudicate the claim for entitlement to a compensable evaluation for bilateral hearing loss. If the benefit sought on appeal is not granted to the veteran's satisfaction, a supplemental statement of the case should be issued and the case returned to the Board after a period of time for comment, in accordance with applicable procedures. The veteran has the right to submit additional evidence and argument on the matter 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). ________________________________________ MICHAEL D. LYON 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).