Citation Nr: 1301558 Decision Date: 01/15/13 Archive Date: 01/23/13 DOCKET NO. 10-12 411 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to an initial compensable rating for bilateral hearing loss. REPRESENTATION Appellant represented by: Texas Veterans Commission WITNESS AT HEARING ON APPEAL The Veteran ATTORNEY FOR THE BOARD Andrew Mack, Counsel INTRODUCTION The Veteran served on active duty from February 1966 to February 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. In June 2012, the Veteran testified during a Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is included in the claims file. The Board has not only reviewed the Veteran's physical claims file but also the Veteran's file on the "Virtual VA" system to ensure a total review of the evidence. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND During his June 2012 Board hearing, the Veteran testified that his hearing loss had increased in severity since the most recent May 2009 VA examination of his disability, and that if a new VA examination of his hearing loss was scheduled he would be willing to report to it. When a veteran claims that his condition is worse than when originally rated, and the available evidence is too old for an adequate evaluation of the veteran's current condition, VA's duty to assist includes providing a new examination. See Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993). While a new examination is not required simply because of the time that has passed since the last examination, VA's General Counsel has indicated that a new examination is appropriate when there is an assertion of an increase in severity since the last examination or other evidence of worsening. VAOPGCPREC 11-95 (1995). Therefore, the Veteran should be scheduled for a new VA examination of his hearing loss to determine the current nature and severity of his disability. Also, during the June 2012 Board hearing, the Veteran stated that he had been receiving private treatment for his hearing loss, including a private audiological examination in 2011 from a facility in El Paso. Therefore, the Veteran should be requested to provide authorization for VA to obtain any pertinent records, including any 2011 private audiological examination from a facility in El Paso. Accordingly, the case is REMANDED for the following action: 1. Send to the Veteran and his representative a letter requesting that the Veteran provide sufficient information and, if necessary, authorization, to obtain any additional evidence pertinent to the claim on appeal that is not currently of record, and specifically any private audiological examination report dated in 2011 from a facility in El Paso. 2. Schedule the Veteran for a VA examination to ascertain and evaluate the current level of severity of his bilateral hearing loss. The claims file should be made available to the examiner in conjunction with the examination. Any medically indicated special tests should be accomplished. The examiner should report the extent of the Veteran's disability in accordance with VA rating criteria. The examiner is specifically requested to fully describe the functional effects of the Veteran's hearing loss disability. 3. After completing the above development, and any other development deemed necessary, readjudicate the issue on appeal. If the benefit sought remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board for appellate review, after the Veteran has had an adequate opportunity to respond. 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. 2012). _________________________________________________ MICHELLE L. KANE 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) (2012).