Citation Nr: 21061502
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 20-13 626
DATE: October 4, 2021

REMANDED

Entitlement to a compensable disability rating for bilateral hearing loss is remanded.

INTRODUCTION

The Veteran served on active duty in the United States Army from July 1987 to November 1997, February 2006 to August 2007, May 2011 to August 2012, and May 2015 to February 2016.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2021, the Veteran testified before the undersigned Veterans Law Judge at a videoconference Board hearing.  

REASONS FOR REMAND

While the Board regrets further delay, additional development is needed before this claim is decided. 

During his October 2021 Board hearing, the Veteran testified his bilateral hearing loss has worsened since his January 2019 VA examination.  He also provided a private audiological assessment dated July 22, 2021.  The July 2021 private audiological assessment shows a potential worsening of the Veteran's bilateral hearing loss disability.  However, the Board notes the private examination did not use the Maryland CNC word recognition testing as required by 38 C.F.R. § 4.85(a), thus it is not a valid examination for rating purposes. 

As there is evidence of a worsening of the Veteran's bilateral hearing loss disability since his last VA examination, which was performed more than two years ago, the claim must be remanded for a new examination to determine the current severity of the disability.  Snuffer v. Gober, 10 Vet. App. 400 (1997). 

Accordingly, this matter is REMANDED for the following action: 

Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the severity of the Veteran's service-connected bilateral hearing loss disability.  All pertinent evidence of record should be made available to and reviewed by the examiner.  Any indicated studies should be performed. 

Ensure the examiner provides all information required for rating purposes.  If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nestander, Jessica S.

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.