Citation Nr: 21062170
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 17-13 958
DATE: October 6, 2021

REMANDED

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

INTRODUCTION

The Veteran served on active duty in the United States Army from June 1970 to December 1971. 

This matter comes before the Board of Veterans' Appeal (Board) on appeal of a May 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran requested a video hearing on his VA Form 9 but later withdrew this request on September 14, 2021. 

REASONS FOR REMAND

The Board must remand the issue of entitlement to an increased initial rating for the Veteran's service-connected hearing loss disability as he has indicated his disability has worsened since the most recent examination.  The Veteran is entitled to a new VA examination where there is evidence the condition has worsened since the last examination.  Snuffer v. Gober, 10 Vet. App. 400 (1997). 

The Veteran had a VA hearing loss examination in April 2016.  The Board acknowledges his claim that this examination was inadequate because the examiner interrupted him while he was taking the test. 

At a February 2020 VA audiology appointment, the Veteran's audiogram showed a decrease of 15 dB at 8000Hz since the Veteran's December 2014 audiogram, and a worsening of the Veteran's word-recognition testing scores.  Given there is evidence of a worsening of his disability since his last VA hearing loss examination conducted more than 5 years ago, a remand is necessary to ascertain the current severity of the Veteran's disability.

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.