Citation Nr: 20021904
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 17-33 755
DATE: March 27, 2020

REMANDED

Entitlement to an increased rating for bilateral hearing loss in excess of 10 percent prior to August 3, 2013 and 20 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran had active duty service from October 1966 to May 1969.

This matter is on appeal before the Board of Veterans’ Appeals (Board) from a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) rating decision dated in August 2013.

The Board acknowledges that the Veteran requested a hearing in his June 2017 Form 9. However, in September 2019, he requested in writing to cancel his hearing and have the Board proceed to adjudication.

Unfortunately, due to the reasons that follow, another remand is required. Although the Board sincerely regrets this additional delay, it is necessary to ensure that the Veteran is afforded adequate due process and every possible consideration.

1. Entitlement to an increased rating for bilateral hearing loss in excess of 10 percent prior to August 3, 2013 and 20 percent thereafter is remanded.

The Veteran was last afforded a VA examination to objectively measure his hearing in August 2013, over six years ago. In a February 2020 appellate brief, the Veteran’s representative requested that the Veteran be afforded an up-to-date examination prior to adjudication of the appeal. Accordingly, the claim will be remanded.

The matters are REMANDED for the following action:

1. Obtain any updated and current relevant VA treatment records, and supplement the claims file.

2. After any additional records are associated with the claims file, schedule the Veteran for an appropriate VA examination to assess the current severity of his service-connected bilateral hearing loss. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner should also report the functional impact of the Veteran’s service-connected disability.

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3. A complete rationale should be provided by the examiner for any expressed opinion. If the examiner determines that he or she is unable to provide the requested opinions without resort to speculation, the examiner must provide a reasoned explanation for such conclusion.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Smith, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.