Citation Nr: 21065234
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 18-21 056
DATE: October 25, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from May 1969 to April 1971.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran filed a timely notice of disagreement (NOD) and in March 2018, the RO issued a statement of the case (SOC).  The Veteran perfected his substantive appeal in April 2018 and requested a Board hearing.

The Veteran participated in a virtual hearing in July 2020 before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the claims file.

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

The Veteran is seeking a higher disability rating for his bilateral hearing loss.  See August 2017 Claim.  Specifically, the Veteran contends that he cannot understand people if there is surrounding noise and that his hearing has worsened since his last examination.  See July 2020 Board Hearing Tr.; April 2018 VA Form 9.  

The VA's duty to assist includes the conduct of a thorough and comprehensive medical examination.  Robinette v. Brown, 8 Vet. App. 69, 76 (1995).  This includes providing a new medical examination when a Veteran asserts or provides evidence that a disability has worsened and the available evidence is too old for an adequate evaluation of the current condition.  Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); see also Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (finding that the Board should have ordered a contemporaneous examination of Veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating). 

In this case, the Veteran's most recent medical examination is four years old and he has stated that his disabilities have increased in severity.  As such, remand is required so that the Veteran can be afforded a new examination to determine the current severity of his service-connected bilateral hearing loss.

The matters are REMANDED for the following action:

1. Obtain all updated treatment records.  All records/responses received must be associated with the electronic record.

2. Schedule the Veteran for a VA examination with an appropriate examiner to determine the current severity and manifestations of his service-connected bilateral hearing loss. 

3. After completing the above requested action, and any additional notification and/or development deemed warranted, readjudicate the issue on appeal.  If the benefit sought on appeal remains denied, furnish to the Veteran and his representative an appropriate supplemental statement of the case that includes clear reasons and bases for all determinations, and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration.

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Kaufer, Associate Counsel

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.