Citation Nr: 20022430 Decision Date: 03/31/20 Archive Date: 03/31/20 DOCKET NO. 17-44 955 DATE: March 31, 2020 REMANDED Entitlement to an initial compensable disability rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from June 1970 to July 1977. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. In connection with this appeal, the Veteran testified before the undersigned Veterans Law Judge in February 2020. A transcript of that hearing has been associated with the claims file. As a preliminary matter, the Board notes that the Veteran’s representative included a claim for tinnitus in an October 2019 written brief presentation. However, this issue was not included on the Veteran's August 2017 formal appeal, VA Form 9, or a corresponding September 2017 Statement of Representative in Appeals Case. As this issue has not been perfected, the matter is not in appellate status and will not be addressed by the Board. Regrettably, the Board finds that additional development is necessary before this matter can be adjudicated. The Veteran’s service-connected bilateral hearing loss is currently rated as 0 percent disabling under DC 6100, effective September 9, 2015. 38 U.S.C. § 4.85. The Veteran contends that the symptoms of his bilateral hearing loss have significantly worsening since his October 2015 VA examination. The Board notes that the Veteran has received treatment for his hearing on numerous occasions since the October 2015; however, the available record does not indicate that any additional audiological testing was performed. As it has been over four years since he was examined in regard to his hearing loss and the Veteran believes his condition has significantly worsened; he should be afforded a new VA examination to assess the current extent and severity of his bilateral hearing loss. See Snuffer v. Gober, 10 Vet. App. 400 (1997). This matter is REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records and associate them with the evidence of record. The request for records should include a search for any audiological testing. If possible, the Veteran himself should submit these records (if any), and any other new treatment for this problem, himself, to expedite the case. Any assistance on this issue would be appreciated. 2. Schedule the Veteran for an examination by an appropriate clinician to determine 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. If the requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training. 3. After completion of the aforementioned, the AOJ should readjudicate the issues on appeal. If the benefit sought on appeal is not granted, then the AOJ should provide the Veteran with a supplemental statement of the case and afford him the appropriate opportunity to respond thereto. Thereafter, the case must be returned to the Board for further appellate review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. E. VanValkenburg, 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.