Citation Nr: 18111069
Decision Date: 06/14/18	Archive Date: 06/14/18

DOCKET NO. 15-00 401A
DATE:	June 14, 2018
REMANDED ISSUES
Entitlement to a compensable rating for bilateral hearing loss.   
Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU). 
REMAND
The Veteran served on active duty from September 1968 to May 1970.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO).
The Veteran requested a video conference hearing before the Board when he submitted a VA Form 9, Substantive Appeal in January 2015.  The Veteran was advised in correspondence dated in April 2018 and May 2018 that he was scheduled for a video conference hearing before the Board in May 2018.  The hearing request was thereafter cancelled by the Veteran.  
The Veteran contends that his service-connected hearing loss warrants a compensable rating.  He specifically averred in his notice of disagreement that his hearing loss is “much worse.”  Where there is evidence that a service-connected disability has worsened since the last examination, a new examination may be required to evaluate the current degree of impairment, particularly if there is no additional medical evidence that addresses the level of impairment of the disability since the previous examination.  Snuffer v. Gober, 10 Vet. App. 400 (1997).  In order to properly adjudicate the claim, a VA audiological examination should be obtained to determine the current nature and severity of the service-connected bilateral hearing loss.
The Board observes that the development and readjudication of the Veteran’s appeal for an increased rating may affect his combined evaluation during the appeal period under consideration for the TDIU appeal.  As such, the increased rating issue is inextricably intertwined, and adjudication of the Veteran’s TDIU appeal must be deferred at this time.  Harris v. Derwinski, 1 Vet. App. 180 (1991) (the prohibition against the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation).  
The matters are REMANDED for the following action:
1.  Schedule the Veteran for the appropriate VA examination(s) to determine the current nature and severity of the service-connected bilateral hearing loss disability, and in connection with the claim for a TDIU, the functional impairment resulting from this disability.  
The evaluation should include a controlled speech discrimination test (Maryland CNC) and a pure tone audiometry test.  The examiner should also comment on the impact, if any, of the Veteran’s hearing disability on his employment and activities of daily living.
2.  Inform the Veteran that he must report for any scheduled examination and cooperate in the development of the claims.  Failure to report for a VA examination without good cause may result in denial of the claims.  38 C.F.R. §§ 3.158, 3.655.
3.  Then, readjudicate the Veteran’s claims.  If the benefits sought on appeal remain denied, the Veteran should be furnished an appropriate supplemental statement of the case and be provided an opportunity to respond.  The case should be returned to the Board for further appellate consideration, as appropriate.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel