Citation Nr: 18144137
Decision Date: 10/25/18	Archive Date: 10/23/18

DOCKET NO. 15-13 091
DATE:	October 25, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1966 to February 1969.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  In October 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  
At his recent hearing the Veteran reported that he had audiology testing in 2017.  Review of the record does not reveal that VA records after 2015 have been obtained.  Records generated by VA are constructively included within the record.  If records of VA treatment are material to the issue on appeal and are not included within the claims folder, a remand is necessary to acquire such VA records.  Bell v. Derwinski, 2 Vet. App. 611, 613 (1992).
The Veteran also asserted that his hearing loss had increased in severity since the last Compensation and Pension examination which was conducted in 2015.  A new examination is required where the claimant asserts that a disability has increased in severity since the time of the last VA examination.  See Snuffer v. Gober, 10 Vet. App. 400, 408 (1997).   
The matter is REMANDED for the following action:
1.   Ask the Veteran to identify all outstanding treatment records relevant to his claim for an increased rating for his service-connected hearing loss.  All identified VA records should be added to the claims file, including all VA audiology records subsequent to 2015.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 
2.   After records development is completed, schedule the Veteran for a VA audiology examination to determine the current symptoms, level of severity, and functional impairment associated with his bilateral hearing loss.  
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The claims file should be reviewed by the examiner.  All necessary tests should be performed and the results reported.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Havelka, Counsel