Citation Nr: 20039972 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 17-65 889 DATE: June 11, 2020 REMANDED Entitlement to a compensable initial disability rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1992 to July 1995. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This case was previously remanded by the Board in April 2019. However, the Board finds that remand is necessary for additional development as discussed below. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to a compensable initial disability rating for bilateral hearing loss is remanded. The Veteran seeks a compensable initial disability rating for service-connected bilateral hearing loss. In April 2019, the Board remanded the appeal for entitlement to a compensable initial disability rating for bilateral hearing loss in order to obtain complete audiogram results from July 2017 and May 2018 VA examinations, and a December 2017 VA ear conditions examination. Specifically, the July 2017 VA treatment record notes, “Please see Audiology DBQ”; however, it is unclear whether the audiology DBQ the July 2017 VA treatment record refers to has been associated with the claims file. The December 2017 VA ear conditions examination indicates that the Veteran had an audiogram; however, it is unclear whether speech discrimination testing was conducted. There is no indication the RO attempted to clarify whether speech discrimination testing was conducted pursuant to the April 2019 Board remand directives. In a May 2018 VA treatment record, the examiner indicates that the Veteran underwent audiological testing; however, the audiogram has not been associated with the claims file. There is no indication the RO attempted to obtain the May 2018 audiometric test results or clarify whether speech discrimination testing was done using the Maryland CNC word list, or other type of speech discrimination testing pursuant to the April 2019 Board remand directive. Additionally, the May 2018 VA treatment record notes that the Veteran’s audiometric test results show a mild decrease when compared with those previously obtained, and a decrease in the Veteran’s right ear speech discrimination test results from 96 percent in May 2016 to 92 percent in May 2018. Compare May 2016 VA examination and May 2018 VA treatment records. Accordingly, the Board finds that a new VA examination is warranted so that the current nature and severity of the Veteran’s service-connected bilateral hearing loss may be determined. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination). Accordingly, remand is required for a new VA examination. The matters are REMANDED for the following action: 1. Obtain the complete audiometric test results indicated in the July 2017 VA treatment record and December 2017 ear conditions examination, if they exist. If it is unclear from any audiometry results whether speech discrimination testing was done using the Maryland CNC word list, the RO should seek clarification regarding what type of speech discrimination testing was used. All development efforts with respect to this directive should be associated with the claims file. 2. Obtain the complete audiometric test results from the Veteran’s VA audiology evaluation in May 2018, if they exist. If it is unclear from any audiometry results whether speech discrimination testing was done using the Maryland CNC word list, the RO should seek clarification regarding what type of speech discrimination testing was used. All development efforts with respect to this directive should be associated with the claims file. 3. After completion of the above actions, schedule the Veteran for a new VA audiological examination to assess the current nature and severity of his service-connected bilateral hearing loss. The record and a copy of this Remand must be made available to the examiner for review in conjunction with the examination. Audiometric findings and speech recognition scores using the Maryland CNC Test should be provided, to the extent possible. All clinical manifestations of the service-connected bilateral hearing loss and associated functional impairment must be reported in detail. A complete rationale must be provided for any opinion proffered. 4. After completing the above, readjudicate the Veteran’s claim on appeal of entitlement to a compensable initial disability rating for service-connected bilateral hearing loss. If the benefit sought on appeal remains denied, the Veteran and his representative should be provided with a Supplemental Statement of the Case and afforded an opportunity to respond before the record is returned to the Board for further review. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369, 372 (1999). U. R. POWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. P. Moore, 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.