Citation Nr: 21003232 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 18-28 581 DATE: January 21, 2021 REMANDED Entitlement to an initial compensable evaluation for service-connected bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1964 to October 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. This matter was previously before the Board via a virtual hearing in December 2020 when the Veteran testified before the undersigned Veteran’s Law Judge. A transcript of this hearing has been associated with the records. 1. Entitlement to an initial compensable evaluation for service-connected bilateral hearing loss is remanded. The Veteran and his attorney assert that his bilateral hearing loss has worsened since his last ratable VA audiological examination in November 2014, which was the bases for his initial noncompensable rating. Further, that the results of his last afforded VA audiological examination in October 2016 were deemed unreliable yet the basis of the current denial of the Veteran’s increased rating claim. See, October 2016 Rating Decision. See, December 2020 Hearing Transcript. The Veteran further testified during his Board hearing that he has been wearing hearing aids since 2007, and that these have needed adjustment at least twice over the last several years. Also, that he is currently having difficulty communicating with his spouse and grandchildren, and that his hearing loss has impacted his ability to enjoy watching television. In addition, the Veteran’s private audiological report which was conducted in November 2020 and referenced during his Board hearing does not appear to include a Maryland CNC test. Pursuant to 38 C.F.R. § 4.85, an evaluation of hearing impairment for rating purposes must include a controlled speech discrimination Maryland CNC test. Consequently, the Board concludes that the Veteran must be provided a contemporaneous VA ratable audiological evaluation to determine the current severity of his service-connected bilateral hearing loss. The matters are REMANDED for the following action: 1. Schedule the Veteran for an appropriate VA audiological examination (other than with the October 2016 audiologist), to include pure tone audiometry testing and a controlled speech discrimination test using the Maryland CNC word list. The claims folder must be made available for review by the examiner in conjunction with the examination. Auditory thresholds in decibels, for the right and left ears, for at least the frequencies of 1000, 2000, 3000, and 4000 Hertz, and speech recognition scores, for the right and left ears, respectively, using the Maryland CNC word list, must be provided. The examiner must also provide findings as to the impact of the Veteran's right and left ear hearing loss disability on his daily functioning. If the VA examiner finds that the testing results are unreliable or otherwise not valid for VA rating purposes, he/she must state the reasons for this conclusion, citing specific examples and testing results. If the examiner cannot provide an opinion without resorting to mere speculation, this should be so stated along with supporting rationale. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to the particular question. The Veteran is hereby informed that he has a duty to cooperate in the development of his claim and thus, must cooperate fully with the examiner at the time of the examination such that a reliable evaluation of his bilateral hearing loss claim can be obtained by the examiner. He is advised that failing to cooperate in connection with the examination is the same as failing to report for the examination and may result in his claim being decided on the evidence of record without the benefit of the results of this examination. 38 C.F.R. § 3.655. Wood v. Derwinski, 1 Vet. App. 191 (1991). 2. After completing all of the requested actions, and any additional action deemed warranted, the RO should readjudicate the claim on appeal. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.B. King, 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.