Citation Nr: 20036748
Decision Date: 05/28/20	Archive Date: 05/28/20

DOCKET NO. 19-31 021
DATE: May 28, 2020

REMANDED

Entitlement to an initial compensable rating for the service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from July 1966 to July 1970. 

This matter is before the Board of Veterans’ Appeals (the Board) on appeal from a June 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The rating decision, inter alia, awarded service connection for bilateral hearing loss with an initial noncompensable evaluation effective April 24, 2018.  The Veteran timely appealed.  The Statement of the Case was issued in August 2019.  

Entitlement to a compensable disability rating for the service-connected bilateral hearing loss.

The Veteran contends that his service-connected bilateral hearing loss is more severe than what is represented by the initial noncompensable disability rating currently assigned.  In his May 2020 Appellate Brief, the Veteran contended that his hearing loss has gotten worse and that the last VA examination was conducted two years ago.  The Veteran also submitted an August 2018 private medical report contending that the report supports a finding that the Veteran’s service-connected hearing loss has gotten worse since the last examination.  The Veteran’s last VA examination took place in May 2018.  The August 2018 private medical hearing loss report did not utilize the Maryland CNC test, as required for VA rating purposes.  Accordingly, the results of that report cannot be used to evaluate the Veteran’s hearing loss disability.  See 38 C.F.R. § 4.85.   

In light of the Veteran’s contentions that his hearing is worse than what was reflected at the May 2018 examination, the Veteran should be afforded a new VA examination to obtain pertinent information to assess the current nature and severity of his bilateral hearing loss. A new examination is appropriate when there is an assertion (and indication) of an increase in severity since the last examination.  38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007). 

Also, where the Veteran claims that a disability is worse than when originally rated, VA must provide a new examination.  See Olsen v. Principi, 3 Vet. App. 480, 482 (1992), citing Proscelle v. Derwinski, 2 Vet. App. 629, 632 (1992).  Additionally, VA’s duty to assist the Veteran includes obtaining a thorough and contemporaneous examination where necessary to reach a decision on the claim.  See 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159.  Reexamination will be requested whenever VA determines that there is a need to verify the current severity of a disability.  38 C.F.R. § 3.327(a).  Accordingly, the matter is remanded for a complete VA examination to assess the current severity of the Veteran’s service-connected bilateral hearing loss.   

(Continued on the next page)

 

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination to ascertain and evaluate the current level of severity of his bilateral hearing loss disability, as well as any functional limitations as a result of the hearing loss. The claims file and a copy of this remand should be made available to the examiner. Any studies, tests, and evaluations deemed necessary by the examiner must be performed.

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Kuksova

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.