Citation Nr: 19115697 Decision Date: 03/04/19 Archive Date: 03/04/19 DOCKET NO. 15-26 117 DATE: March 4, 2019 ORDER New and material evidence having been present, reopening the claim of entitlement to service connection for right ear hearing loss disability is granted. REMANDED Entitlement to service connection for right ear hearing loss disability is remanded. Entitlement to a compensable rating for left ear hearing loss disability is remanded. FINDINGS OF FACT 1. In an unappealed October 2010 rating decision, the Veteran’s service connection for right ear hearing loss disability was severed effective January 1, 2011. 2. The evidence associated with the record subsequent to the October 2010 rating decision is not cumulative or redundant, and raises a reasonable possibility of substantiating the claim of entitlement to service connection for right ear hearing loss disability. CONCLUSION OF LAW New and material evidence has been received sufficient to reopen a claim of entitlement to service connection for right ear hearing loss disability. 38 U.S.C. §§ 5108, 7104, 7105 (2012); 38 C.F.R. § 3.156 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Marine Corps (USMC) from September 1964 to September 1968, to include service in the Republic of Vietnam. The Veteran’s decorations for his service include a Purple Heart. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board in July 2018 and accepted that hearing in lieu of an in-person hearing before a member of the Board. A transcript of the hearing has been associated with the claims file. Claim to Reopen – Right Ear Hearing Loss Disability In an October 2010 rating decision, the Veteran’s service connection for right ear hearing loss disability was severed based on a finding that the Veteran did not have right ear hearing loss for VA purposes. The Veteran did not appeal that decision. The pertinent evidence received since the October 2010 rating decision includes evidence indicating that the Veteran may have right ear hearing loss disability. In this regard, at his July 2018 Board hearing, the Veteran testified that he has worsening hearing acuity in the right ear. That evidence is new and material. In this regard, it has not been previously considered by VA and it raises a reasonable possibility of substantiating the claim of entitlement to service connection for right ear hearing loss disability. Accordingly, reopening of the claim of entitlement to service connection for right ear hearing loss disability is warranted. REASONS FOR REMAND The Board finds that additional development is required prior to adjudicating the Veteran’s remaining claims on appeal. The Veteran was most recently afforded an examination for his right and left ear hearing loss disability in December 2012. The Board notes that the evidence of record indicates the Veteran was denied service connection for right ear hearing loss due to a lack of a current diagnosis of right ear hearing loss disability for VA purposes. At his July 2018 Board hearing, it was indicated that the Veteran’s right and left ear hearing acuity had worsened since his VA examination. As the above evidence indicates a possible worsening of that the Veteran’s hearing acuity since his last VA examination, an additional examination should be afforded to gauge the current level of severity of his right and left ear hearing loss disability. Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issues on appeal. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA audiological evaluation. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed, to specifically include audiometric testing. Based on the examination results, the examiner should determine the current level of severity of all impairment resulting from his hearing impairment, to include whether he has right ear hearing loss for VA purposes. The examiner must provide all information required for rating purposes. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report comports with this remand, and undertake any other development found to be warranted. 4. Then, readjudicate the remaining issues on appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel