Citation Nr: 18161033 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 16-04 841 DATE: December 28, 2018 REMANDED Entitlement to an increased rating in excess of 10 percent for the period prior to April 24, 2013, and in excess of 20 percent for the period from April 24, 2013, forward, for service-connected bilateral hearing loss disability is remanded. REASONS FOR REMAND The Veteran had active service from February 1964 to April 1968. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran was furnished a Statement of the Case (SOC) in December 2015 for the issues of entitlement to an increased rating for a bilateral hearing loss disability and for a service-connected left shoulder disability. In January 2016 the Veteran filed a VA Form 9 requesting that only the issue of entitlement to an increased rating for his service-connected bilateral hearing loss disability remain on appeal. Although the Veteran’s representative filed a Statement of Accredited Representative in September 2018 referring to the issues of entitlement to an increased rating for a bilateral hearing loss disability and for entitlement to an increased rating for a left shoulder disability, the Board notes the Veteran’s timely VA Form 9 and finds that the issue of entitlement to an increased rating for a left shoulder disability is not on appeal before the Board, and therefore, will not be further addressed herein. The Board also notes that the Veteran’s January 2016 VA Form 9 requested a hearing before the Board via live videoconference. Here, the Veteran was scheduled for his hearing, and as evidenced in the record, was notified of such scheduled hearing. The Veteran did not appear for his hearing, and instead, the Veteran’s representative filed a Statement of Accredited Representative in September 2018. The Veteran has not requested a new hearing or rescheduled hearing, and the Veteran has not asserted a reason for his failure to appear. As the Appellant was properly notified of the time, date and location of his scheduled hearing and failed to appear, his hearing request is deemed withdrawn. See 38 C.F.R. §§ 20.703, 20.704 (2018). Entitlement to an increased rating for a bilateral hearing loss disability is remanded. The Veteran was afforded a VA audiological examination in March 2011 and December 2011. However, in the Veteran’s Notice of Disagreement (NOD) dated January 2013, the Veteran asserted that the examinations performed were not “fair and impartial.” Therefore, the Veteran was afforded an additional VA examination in April 2013. In the September 2018 Statement of Accredited Representative, the Veteran specifically states that he seeks an increased rating based on his belief that the condition has worsened. Given the Veteran’s assertion of worsening, the Board remands this matter for an additional VA audiological examination to obtain a contemporaneous report of the severity of and symptomatology associated with the Veteran’s bilateral hearing loss disability. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment and/or private treatment records relating to the Veteran’s service-connected bilateral hearing loss disability. Should they exist, all records received should be associated with the claims file. 2. Schedule the Veteran for an audiological examination to determine the current severity of his service-connected bilateral hearing loss. The examiner is requested to fully describe the functional effects caused by the Veteran’s hearing loss. 3. After completing the requested actions, and any additional development deemed warranted, readjudicate the claims in light of all pertinent evidence and legal authority. If the benefits sought remain denied, furnish to the Veteran a Supplemental Statement of the Case and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. Michael Pappas Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jamie Tunis, Associate Counsel