Citation Nr: 21004415 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 19-25 632 DATE: January 27, 2021 REMANDED Entitlement to an initial compensable disability rating for service-connected bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1958 to March 1962. On his August 2019 VA Form 9, Substantive Appeal to the Board, the Veteran indicated he wanted a videoconference hearing before a Veterans Law Judge of the Board. However, in more recent January 2021 correspondence, the Veteran withdrew that hearing request. 38 C.F.R. § 20.704(e). Entitlement to a compensable disability rating for service-connected bilateral hearing loss is remanded. The Veteran last had a VA compensation examination for his service-connected bilateral hearing loss in February 2018, so nearly 3 years ago. When available evidence is too old for an adequate evaluation of a Veteran’s disability, VA’s duty to assist includes providing a new examination. Weggenmann v. Brown, 5 Vet. App. 281 (1993). In addition, in his February 2019 Notice of Disagreement (NOD), so argument since submitted, the Veteran indicated that his hearing acuity had worsened appreciably – therefore, even since that February 2018 VA compensation examination. Palczewski v. Nicholson, 21 Vet. App. 174 (2007). The Board sees the Veteran even more recently had a VA audiological assessment in June 2019, but even that was nearly 2 years ago. Moreover, those test results are inadequate for rating purposes because the word recognition testing was done using the W22 half list rather than the Maryland CNC test that is required according to 38 C.F.R. § 4.85. This VA regulation stipulates that an examination for hearing impairment for VA rating purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a pure tone audiometry test. Therefore, as the June 2019 audiological assessment does not comply with these requirements, the Veteran must be provided another VA compensation examination reassessing the severity of his bilateral hearing loss in compliance with the VA protocols. Accordingly, this claim is REMANDED for the following action: 1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claim, whether from VA or privately, following proper procedures (38 C.F.R. § 3.159(c) and (e)). 2. After obtaining all additional treatment or other records pertinent to this claim, arrange for the Veteran to undergo another VA audiological examination reassessing the severity of his bilateral hearing loss. A copy of this remand and all relevant medical and other records must be made available to the examiner. The examiner must review the pertinent evidence, including the Veteran’s lay assertions, and undertake all indicated testing and evaluation. Also, in reassessing the severity of this disability, the examiner is asked to address the extent to which the consequent functional impairment impairs the Veteran’s ability to meet the demands of a substantially gainful job, whether sedentary or physical, and the timeframe in which this impairment arose. It is essential the examiner provide rationale for all opinions expressed, whether favorable or unfavorable to the claim, preferably citing to objective findings during the evaluation, other supporting evidence in the file, and/or accepted medical authority. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Mukherjee 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.