Citation Nr: 18157581
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 16-54 557
DATE:	December 13, 2018
REMANDED
The issue of entitlement to a compensable evaluation for bilateral hearing loss is remanded for additional development. 
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from June 1962 to June 1965.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision of the Department of Veteran’s Affairs (VA) Regional Office (RO) in Indianapolis, Indiana.  
Initial compensable rating of bilateral hearing loss is remanded.
The Veteran's bilateral hearing loss is currently evaluated as noncompensable under 38 C.F.R. § 4.86, Diagnostic Code 6100.  
The Veteran contends that his condition worsened since the initial rating decision and that his private audiologist’s report was not taken into consideration when determining his rating for his bilateral hearing loss condition. Moreover, his representative contends in the appellate brief that the 2017 VA examination was inadequate due to a lack of measurable results which should result in a remand for an adequate VA examination. 
The Board observes that the Veteran has been afforded multiple VA examinations during the course of the appeal, i.e. in 2012, 2014, 2016, and 2017.  Several of those reports, including the most recent examination in 2017, show that the findings resulted in unreliable results.  Additionally, the Veteran’s representative requested a reevaluation of the Veteran’s bilateral hearing loss to determine the current severity of his disability.  In light of the foregoing, the Veteran should be afforded another examination.
Also, additional VA records, including the 2017 VA examination report, have been added to the records since the claim was last adjudicated in the September 2016 statement of the case.  Because this evidence was added to the claims file by VA, not submitted by the Veteran or his representative, the Veteran cannot waive initial Agency of Original Jurisdiction (AOJ) review of this evidence. See 38 U.S.C. § 7105 (e); see also VA Fast Letter 14-02 (May 2, 2014).
The matter is REMANDED for the following actions:
1. Afford the Veteran and his representative the opportunity to submit any additional evidence or argument in furtherance of the claim. 
2. Provide the Veteran a VA hearing loss examination to determine the current severity of his disability. The claims file should be made available to and reviewed by the examiner for the examination. All necessary tests and studies should be accomplished. 
Puretone audiometry and Maryland CNC controlled speech discrimination test results must be provided in the report. 
3. Readjudicate the Veteran’s claim for a compensable rating for bilateral hearing loss. Unless the Veteran expresses satisfaction with the outcome of the adjudication and the level of benefits granted (unless no case in controversy remains), the Veteran and his authorized representative should be afforded a supplemental statement of the case and afforded a reasonable opportunity to respond before the record is returned to the Board for further review. 
 
L. Chu
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Jones Council, Associate Counsel