Citation Nr: 21062038 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 13-22 464 DATE: October 6, 2021 REMANDED Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps from September 1978 to September 1982. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2011 rating decision issued by a VA Regional Office (RO). Of note, the Veteran testified before a Veterans Law Judge no longer employed by the Board in March 2019. However, VA sent the Veteran a notice in November 2020, and the Veteran has since not provided a response within 30 days as the notice instructed. 38 C.F.R. § 19.3(b). Therefore, the Board may assume that the Veteran did not want another hearing and will proceed to adjudicate the matters before it. The Board further notes the Veteran has a VA 21-22 form for change of representation. However, this filing was untimely pursuant to 38 C.F.R. § 20.1305 and did not provide any "good cause" rationale for the untimely change. Therefore, no change in representation is allowed and the Disabled American Veterans, being the last representative of record, will remain as such. By way of background, the Veteran's claim for bilateral hearing loss was first granted service connection by a rating decision in October 2011. The Veteran filed a timely Notice of Disagreement (NOD) and subsequent appeal of the RO's assigned noncompensable rating and requested a hearing before the Board. During the pending appeal, the RO began to develop the Veteran's claim for TDIU. See Rice v. Shinseki, 22 Vet. App. 447 (2009). In September 2019, the Board remanded the claims for the RO to obtain Social Security Administration (SSA) records. A review of the claims file now shows that there has been substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). Although the Board sincerely regrets the additional delay, a further remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claims and to afford him every possible consideration. 1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. At the March 2019 hearing, the Veteran indicated that his bilateral hearing loss had worsened since it was last evaluated by VA examination in September 2011. Specifically, the Veteran testified that since September 2011, his hearing loss had worsened to the point where he now needs to use hearing aids in order to clearly understand conversations. See March 2019 Board Hearing, P. 3, see also October 2020 Informal Hearing Presentation. Given this indication that the Veteran's disability may have increased in severity coupled with the length of time since he was last evaluated, the Board finds that a new VA examination is needed in order to evaluate the current extent of his bilateral ear hearing loss. See 38 C.F.R. §§ 3.326, 3.327; Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. The Veteran asserts that his service-connected bilateral hearing loss prevents him from obtaining employment. Therefore, the matter of entitlement to a TDIU is inextricably intertwined with the Veteran's other remanded issue; accordingly, it must be remanded as well. See Parker v. Brown, 7Vet. App.116 (1994); see also Harris v. Derwinksi, 2Vet. App.180, 183 (1991). The Board notes, development of the Veteran's TDIU claim was previously attempted by the RO in May 2012. Unfortunately, the RO's request for the Veteran to provide a completed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, and other supporting information was never responded to. However, in light of the need to remand the TDIU claim as indicated above, the Board finds the Veteran should be given an additional opportunity to provide the above-mentioned information. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA audiological examination with an appropriate clinician to determine the current extent and severity of his service-connected bilateral hearing loss. The claims folder should be made available to and be reviewed by the examiner in conjunction with the examination. All necessary tests, including an audiometric evaluation, should be conducted and the results reported in detail. The examination should also address the Veteran's complaints of hearing loss and its impact on his activities of daily living and occupational functioning. Special attention is directed to the Veteran's testimony at the March 2019 Board hearing. 2. Provide the Veteran with a VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, and inform him of the elements necessary to support a claim for TDIU. 3. After completing the above, and any additionally indicated development, readjudicate the claims, including entitlement to TDIU. K. A. KENNERLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. F. Minnitte, Attorney Advisor 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.