Citation Nr: 21063915 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 16-15 874A DATE: October 18, 2021 REMANDED Entitlement to a disability rating in excess of 40 percent for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from March 1966 to February 1969, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Veteran was scheduled to appear at a Board hearing in September 2021 but failed to appear without a request for postponement or showing good cause. Further, neither the Veteran nor his representative have requested another Board hearing. As such, the request is deemed withdrawn and the Board may proceed with adjudication. 38 C.F.R. § 20.704 (d). 1. Entitlement to a disability rating in excess of 40 percent for bilateral hearing loss is remanded. The Board initially notes that the Veteran was last examined for hearing loss in March 2015. In a February 2016 letter, the Veteran reported "experiencing a constant degradation" of his hearing. He further stated that his hearing loss has had a mental, physical, and emotional impact on him and that he experiences dizziness and motion sickness, as well as vertigo. He stated he is incapable of discerning individual statements in groups and has led to his withdrawing from groups (he is a minister). He then stated that his hearing loss has contributed to his being unable to advance his career with the FAA. He stated that he misinterprets what his wife says. He stated his hearing loss "severely impacts [his] ability to communicate with anyone in other than a sonically sterile environment with the speaker facing [him]." In the September 2021 informal hearing presentation (IHP), the Veteran, through his representative, asserted that his hearing loss had worsened beyond the 40 percent rating. The Veteran reports that his bilateral hearing loss has worsened since the April 2015 VA examination. As such, another VA examination is necessary to adjudicate this appeal. Snuffer v. Gober, 10 Vet. App. 400 (1997) (holding that the Veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination). Therefore, the Board finds that the Veteran should be afforded a new VA examination to determine the current manifestations and severity of his bilateral hearing loss. In addition, the Veteran reports that he has psychiatric problems as well as dizziness and vertigo due to his service-connected bilateral hearing loss. He also reported that his bilateral hearing loss had negatively impacted his ability to serve as a clergyperson. See Veteran's January 2016 statement. In Morgan v. Wilkie, 31 Vet. App. 162 (2019), the Court held, "VA has powerful, ready-made schedular rating tools with which it can better adjudicate claims that include symptoms and effects not contemplated by an applicable diagnostic code." Morgan, 31 Vet. App. at 167. Indeed, the Court stated doing so was necessary to ensure a veteran is appropriately compensated before resorting to § 3.321(b)'s extraschedular provisions. In doing so, the Court held this included secondary service connection. Id; see also Bailey v. Wilkie, 33 Vet. App. 188, 203 (2021); Long v. Wilkie, 33 Vet. App. 167, 174 (2020) (en banc). In light of the Veteran's statement, the Board finds that further information is necessary to properly rate, on a schedular basis, all of the manifestations of the Veteran's service-connected bilateral hearing loss, which in this case may include psychiatric impairment as well as dizziness and vertigo. As such, on remand, a medical opinion should be obtained to determine any [symptoms/secondary disability] the Veteran may have and whether they are proximately due to his bilateral hearing loss. Morgan; Bailey; Long. The matters are REMANDED for the following action: 1. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge regarding the nature, extent, severity and manifestations of his bilateral hearing loss and the impact of his bilateral hearing loss on his ability to work. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 2. If appropriate, provide the Veteran an opportunity to clarify his work history and submit an updated VA Form 21-8940 (Application for Increased Compensation Based on Unemployability). 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. The examiner must specifically identify all manifestations of the Veteran's bilateral hearing loss. The examiner must also opine as to whether it is at least as likely as not that any such manifestation or impairment, to include any vertigo/dizziness is at least as likely as not proximately due to or aggravated by his hearing loss. 4. Afford the Veteran a VA psychiatric examination to determine whether he has a psychiatric disability that is a manifestation of or was caused or aggravated by his service-connected bilateral hearing loss. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Keeley, Brian 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.