Citation Nr: 18151102
Decision Date: 11/19/18	Archive Date: 11/16/18

DOCKET NO. 15-14 279A
DATE:	November 19, 2018
REMANDED
Entitlement to a compensable rating for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran, who is the appellant in this case, had service from June 1976 to June 1979.

In November 2018, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ).
1. Entitlement to a compensable rating for bilateral hearing loss is remanded.
The Veteran testified before the undersigned in November 2018 that he has experienced increased worsening of hearing loss symptoms since the prior October 2014 VA examination.  He specifically stated that the condition had worsened to the point he obtained a new pair of hearing aids. However, the Board is without the expertise necessary to determine the extent of worsened symptoms exhibited by the Veteran’s disability.  “VA regulations specifically require the performance of a new medical examination ... [when] ‘evidence indicated there has been a material change in a disability or that the current rating may be incorrect.’”  Caffrey v. Brown, 6 Vet. App. 377, 381 (quoting 38 C.F.R. § 3.327(a)) (1994).  As there is evidence indicating that the Veteran’s condition has worsened since his last VA examination of record, the Board finds that the Veteran’s claim should be remanded to provide him with an updated examination to accurately assess the current condition of this disability.  In claims for a rating increase, it is first and foremost a priority to ensure that the most current assessment of the service-connected disability picture is of record.  See Green v. Derwinski, 1 Vet. App. 121, 124 (1991).  The Veteran also identified recent treatment records that have not been associated with the file and should be requested. 
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records for the period from October 2014 to the Present.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss.  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.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  To the extent possible, the examiner should identify any symptoms and functional impairments due to bilateral hearing loss alone and discuss the effect of the Veteran’s bilateral hearing loss on any occupational functioning and activities of daily living.  If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Connally, Counsel