Citation Nr: 21001519
Decision Date: 01/08/21	Archive Date: 01/08/21

DOCKET NO. 17-37 729
DATE: January 8, 2021

REMANDED

Entitlement to a compensable rating for service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to August 1974, and from December 1979 to August 1995.

In January 2021, the Veteran was scheduled for a Board videoconference hearing before the undersigned Veterans Law Judge.  Although the Veteran attempted to testify, as he was present at the videoconference hearing, due to technical difficulties the Veteran was unable to testify.  Thus, the Veteran’s representative motioned to testify on behalf of the Veteran.  The representative testified that he spoke to the Veteran and it was the Veteran’s desire that the hearing be conducted.  Given such, based on the fact that the Veteran was unable to testify due to technical difficulties, the undersigned Veterans Law Judge finds that the representative presented “good cause” to present testify on the Veteran’s behalf.  

Pursuant to 38 C.F.R. § 20.700(b) “[r]equests for appearances by representative alone to personally present arguments to Members may be granted if good cause is shown.  Therefore, upon a finding of good cause, the undersigned Veterans Law Judge granted the representative’s motion to present arguments at the Board hearing.

Based on the testimony presented at the Board hearing, the Board finds that a new VA examination is warranted.  Specifically, the Veteran reported that his hearing had worsening since his March 2016 VA examination; consequently, now he has to wear hearing aids.  In light of the above, the Board finds that an updated VA examination is necessary to ascertain the current severity of this disability.  See Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); Snuffer v. Gober, 10 Vet. App. 400 (1997).  Thus, a remand for a new VA examination to assess the current severity of the Veteran’s service-connected bilateral hearing loss is warranted.

The matters are REMANDED for the following action:

1. Request updated medical records related to the Veteran’s claim on appeal.  In doing so, the RO is asked to ensure all VA medical records, to include a search of all VA medical centers in which the Veteran received treatment, are included. 

2. Upon completion of the above to the extent possible, schedule the Veteran for a VA examination to ascertain the severity of his service-connected bilateral hearing loss.  The examiner should specifically have the Veteran provide a full account of his symptoms.  The examiner should review the claims file.  After examining the Veteran and conducting any studies and/or tests deemed necessary.  The examiner should fully describe all symptomatology and functional deficits associated with these conditions.  

All medical findings are to be expressed in terms conforming to the schedular criteria of under Diagnostic Code 6100.

Any opinion expressed by the VA examiner must “contain not only clear conclusions with supporting data, but also a reasoned medical explanation connecting the two.  See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008).

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Abdelbary, 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.