Citation Nr: 1305837	
Decision Date: 02/20/13    Archive Date: 02/27/13

DOCKET NO.  10-41 824	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Paul, Minnesota


THE ISSUE

Entitlement to an initial compensable evaluation for bilateral sensorineural hearing loss.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

P. Childers, Counsel


INTRODUCTION

The Veteran served on active duty from October 2003 to October 2009. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decisions issued in February 2010 by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for bilateral sensorineural hearing loss and assigned a noncompensable rating.

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, D.C.  VA will notify the Veteran if further action is required on his part.


REMAND

As stated before, in a rating decision in February 2010 the RO granted service connection for bilateral sensorineural hearing loss with a noncompensable evaluation effective October 22, 2009.  The Veteran appealed the assigned the rating.

In support of his appeal for an initial compensable rating for his service-connected bilateral hearing loss, in March 2011 the Veteran submitted a copy of a March 2011 audiogram.  This report suggests the Veteran's hearing thresholds may have worsened.  Unfortunately, the report did not include speech recognition scores and is inadequate for rating purposes.  However, as the Veteran's hearing thresholds may have worsened since his last VA examination in 2009, he should be accorded a new VA examination to ascertain the severity of his bilateral hearing loss.  38 C.F.R. § 3.327.  On remand relevant ongoing medical records should also be requested.  38 U.S.C.A. § 5103A(c) (West 2002).

Accordingly, the case is REMANDED for the following action:

1.  Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his bilateral hearing disability.  After securing any necessary release(s), request any relevant records identified which are not already contained in the claims file.  If any requested records are not available, the Veteran should be notified of such.

2.  Schedule the Veteran for a VA audiology examination with regard to his claim for an increased rating for bilateral hearing loss to ascertain the severity of this disability.  All requisite testing, including speech recognition testing, must be done, and all findings reported in detail.

3.  After completion of all of the above and any other development deemed necessary, re-adjudicate the claim on appeal.  If the claim remains denied, furnish the Veteran a supplemental statement of the case and return the case to the Board.  

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).



_________________________________________________
K. A. BANFIELD
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).