Citation Nr: 1316240 Decision Date: 05/17/13 Archive Date: 05/29/13 DOCKET NO. 09-41 290 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Albuquerque, New Mexico THE ISSUE Entitlement to a disability rating in excess of 10 percent for service-connected bilateral hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J.M. Seay, Associate Counsel INTRODUCTION The Veteran served on active duty from January 1962 to June 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico. In connection with his appeal, the Veteran requested a local hearing with an Albuquerque RO Decision Review Office (DRO). The hearing was scheduled for March 2, 2010. Subsequently, the Veteran and his representative submitted written requests to withdraw the scheduled hearing. 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 Board finds that further development is necessary before a decision on the merits may be made regarding the issue of entitlement to a disability rating in excess of 10 percent for bilateral hearing loss. The Veteran was provided an examination in February 2008, more than five years ago. In his VA Form 9, the Veteran requested that he be scheduled for a new VA examination to re-evaluate his hearing loss. In the April 2013 brief, the Veteran's representative requested that a new VA examination be provided as the last examination was five years ago and the evidence is far too old to accurately evaluate the Veteran's hearing loss. In light of the Veteran's assertions and those of his representative, a new VA examination is required so that the current severity of the Veteran's service-connected bilateral hearing loss may be determined. See 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159; see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the veteran with a thorough and contemporaneous medical examination); Weggenmann v. Brown, 5 Vet. App. 281 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination). Accordingly, the case is REMANDED for the following action: 1. Obtain all treatment records for the Veteran from the VA Medical Center in Albuquerque, New Mexico, dated form October 2006 to the present. 2. Schedule the Veteran for a VA audiological examination to determine the current nature and severity of his service-connected bilateral hearing loss. The claims folder and a copy of this Remand must be made available to and reviewed by the examiner. All pertinent symptomatology and findings must be reported in detail. Any indicated diagnostic tests and studies must be accomplished including speech recognition percentage results derived using the Maryland CNC word list. The examiner must also specifically address the effect of the Veteran's hearing loss on his occupational functioning and daily activities, and inquire as to the situations in which his hearing loss causes the greatest difficulty. 3. Notify the Veteran that it is his responsibility to report for the examination and to cooperate in the development of the claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2012). 4. After completion of the above and any other development the RO should deem necessary, the RO should review the expanded record and determine if a higher rating for the disability on appeal may be granted. If the benefit sought remains denied, furnish the Veteran and his representative a supplemental statement of the case. A reasonable period of time should be allowed for response before the appeal is returned to the Board. 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. 2012). _________________________________________________ ROBERT C. SCHARNBERGER 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).