Citation Nr: 18161295 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 16-54 587 DATE: December 31, 2018 REMANDED Entitlement to a disability rating in excess of 30 percent prior to October 15, 2015, and a compensable rating from October 15, 2015, for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had active service from July 1962 to July 1966. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to a disability rating in excess of 30 percent prior to October 15, 2015, and a compensable rating from October 15, 2015, for bilateral hearing loss is remanded. Unfortunately, a remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. The Veteran submitted private audiologic reports from Spectrum Hearing dated in August 2015 and February 2017. The results of the August 2015 testing were used to award the 30 percent disability rating currently on appeal. In the February 2017 audiologic report, Dr. D.H. notes that the test results “suggest a significant shift and drop in his hearing” since the August 2015 testing. Unfortunately, however, the testing did not include the Maryland CNC word recognition testing, so the results cannot be used for rating purposes. The Veteran was afforded a VA audiological examination in April 2017. At that time, the examiner indicated that he was unable to report the current level of severity of hearing loss due to poor inter-test consistency. VA treatment records include the results of an April 2018 VA audiological evaluation that noted “good” inter-test consistency. The audiometric test report, however, stated the evaluation did not include Maryland CNC testing. In addition, the audiologist stated the test was “NOT ADEQUATE FOR RATING PURPOSES.” Where, as here, there is evidence of worsening of a service-connected disability since the most recent examination, VA’s duty to assist includes obtaining a contemporaneous medical examination. See Snuffer v. Gober, 10 Vet. App. 400 (1997). Accordingly, an updated and complete VA audiological examination should be obtained, with the Veteran’s cooperation, to assess the current severity of the Veteran’s service-connected bilateral hearing loss. The matter is REMANDED for the following action: 1. After obtaining any necessary releases, obtain any outstanding VA and private treatment records pertinent to the Veteran’s hearing loss claim. 2. Thereafter, schedule the Veteran for a VA audiological examination to evaluate his bilateral hearing loss. The examination must include a puretone audiometry test and a controlled speech discrimination test using the Maryland CNC word list; unless the examiner certifies that use of a speech discrimination test is not appropriate and provides a supporting rationale. The examiner should also address any functional impairment resulting from the Veteran’s bilateral hearing loss and its effects on his ordinary activities. The examiner must address the Veteran’s contentions as to the effect of his bilateral hearing loss on his daily activities. 3. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2018). In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. Lindsey M. Connor Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD H. Yoo, Counsel