Citation Nr: 18140561 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 14-40 176 DATE: October 3, 2018 REMANDED Entitlement to an initial compensable disability rating prior to November 20, 2017, and a rating greater than 10 percent from November 20, 2017 onward, for the service-connected bilateral hearing loss disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1958 to February 1960. This case is before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 Regional Office (RO) rating decision that granted service connection for a bilateral hearing loss disability and assigned an initial noncompensable disability rating, effective from April 22, 2010. The Veteran disagreed with the initial noncompensable rating. Following an August 2017 Board hearing before one of the undersigned Veterans Law Judges (VLJs), the case was remanded in September 2017 for additional development of the record. In a January 2018 rating decision, the RO granted an increased rating for the service-connected hearing loss disability to 10 percent, effective from November 20, 2017. The Veteran subsequently testified at another Board hearing before a second VLJ in May 2018. In August 2018, the Veteran was notified that because two hearings had been held by different VLJs concerning the same issue, the law requires that the Board assign a third VLJ to participate in decision. Further, because the case would be decided by a panel of three judges, the Veteran was offered an opportunity to appear at a third hearing before a third VLJ. In a September 2018 response, the Veteran declined to appear for a third hearing. Entitlement to an initial compensable disability rating prior to November 20, 2017, and a rating greater than 10 percent from November 20, 2017 onward, for the service-connected bilateral hearing loss disability, is remanded. The Veteran contends that his bilateral hearing loss disability warrants disability ratings greater than what is currently assigned since the effective date of service connection. The Veteran seeks at least a 10 percent rating effective from the effective date of service connection; and, he has more recently asserted that his hearing loss has gotten worse in recent months. See April 2013 Notice of Disagreement (NOD); October 2014 VA Form 9; January 2017 lay statements from family members; August 2017 Board Hearing Transcript, pp. 10-11; May 2018 Board Hearing Transcript, pp. 6-8; and, September 2018 Statement in Support of Claim. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected bilateral hearing loss disability. A new examination is appropriate when there is an assertion (and indication) of an increase in severity since the last examination. 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007). Additionally, VA's duty to assist the Veteran includes obtaining a thorough and contemporaneous examination where necessary to reach a decision on the claim. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The matter is REMANDED for the following action: 1. Obtain and associate with the claims file all VA treatment records from August 2017 onward; and, with appropriate authorization from the Veteran, obtain and associate with the claims file any outstanding private treatment records identified by the Veteran as pertinent to the claim. 2. Schedule the Veteran for a VA audiometric examination by an appropriate clinician to determine the current severity of the Veteran’s service-connected bilateral hearing loss disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. To the extent possible, the examiner should discuss the effect of the Veteran’s hearing loss disability on any occupational functioning and activities of daily living. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. B. Cryan, Counsel