Citation Nr: 18141164
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 16-24 930A
DATE:	October 9, 2018
REMANDED
Entitlement to an increased rating for bilateral hearing loss is remanded.
REASONS FOR REMAND
In his June 2016 VA Form 9, the Veteran requested a hearing before a Veterans Law Judge.  In August 2017, however, the Veteran withdrew this request.  
Entitlement to an increased rating for bilateral hearing loss is remanded.
The Veteran seeks a compensable rating for bilateral hearing loss.  In a June 2018 brief, the Veteran’s representative argued that the Veteran’s hearing loss has worsened in severity since the most recent VA examination, conducted in August 2014.  The Veteran is competent to report such lay symptomatology as a decline in hearing acuity.  See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009).  Thus, in light of the fact the most recent VA examination was over four years ago, a new VA examination is required.  Where the record does not adequately reveal the current state of the claimant’s disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination.  See 38 U.S.C. § 5103A(d); Chotta v. Peake, 22 Vet. App. 80, 84 (2008).  
The matter is REMANDED for the following action:
1. Schedule the Veteran for an audiological examination to determine the current nature and severity of his bilateral hearing loss.  All appropriate testing, to include a controlled speech discrimination test (Maryland CNC) and a puretone audiometry test, should be conducted.  The examiner should also comment on the functional effects caused by any hearing loss.
 
LAURA E. COLLINS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Thomas D. Jones, Counsel