Citation Nr: 21066280 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 19-10 676 DATE: October 29, 2021 REMANDED Entitlement to an increased evaluation for a bilateral hearing loss disability, currently rated as zero percent disabling, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1972 to September 1974. This case comes to the Board from a January 2019 decision of the Agency of Original Jurisdiction (AOJ), which denied his request for an increased rating for a service-connected hearing loss disability. The Veteran timely appealed that ruling. In June 2021, the Veteran testified before the undersigned at a virtual hearing. A transcript of that hearing is of record. Although the Board regrets the need for further delay, this appeal must be remanded for a new examination. The AOJ denied the claim based on the findings of a January 2019 audiological examination. In his testimony and in a letter, dated February 2019, the Veteran criticized the January 2019 examiner for seeming to rush through the examination and for failing to answer his questions. He also testified that, since January 2019, he believes his hearing ability has worsened. When a Veteran claims that a service-connected disability is worse than when originally rated, VA must provide a new examination. See Olson v. Principi, 3 Vet. App. 480, 482 (1992). Likewise, a new examination is the appropriate remedy for the Veteran's complaints about the conduct of the January 2019 examination. In his testimony, the Veteran suggested that the noncompensable rating assigned to his hearing loss disability fails to reflect its current severity, in part because he perceives ringing in his ears. Generally, ringing in the ears is rated as a separate disability called tinnitus under 38 C.F.R. § 4.87, Diagnostic Code 6260, and is not part of the rating criteria for hearing loss under 38 C.F.R. § 4.85. This Veteran has not applied for, and has not been granted, service-connected compensation for tinnitus. Nevertheless, the Veteran's testimony is enough to raise the issue of whether his tinnitus could be the secondary result of his service-connected hearing loss disability. Under 38 C.F.R. § 3.155(d)(2), "VA is required to develop and adjudicate related claims for secondary service connection for disabilities that are reasonably raised during the adjudication of a formally initiated claim for the proper evaluation level for the primary service-connected disability." Bailey v. Wilkie, 33 Vet. App. 188, 203 (2021). As part of the post-remand examination, the AOJ should therefore obtain an opinion from the examiner addressing the probability that the Veteran's tinnitus is proximately due, the result of, or aggravated by his service-connected hearing loss pursuant to 38 C.F.R. § 3.310. If the examiner's opinion is favorable, considering a tinnitus claim as part of his increased rating claim for hearing loss will likely give the Veteran the benefit of an earlier effective date for any compensation to which he may be entitled for his tinnitus. Even if tinnitus is not a secondary complication associated with his hearing loss, the Veteran could still potentially be eligible for service connection for tinnitus. Such an award of benefits would be appropriate if he developed tinnitus in service or if the condition is otherwise related to any in-service disease, injury, or event. But in that case, he would likely need to submit a new claim on a standard application form. See 38 C.F.R. § 3.151(a). The Veteran is advised that, unless his tinnitus is the secondary result of his hearing loss disability, he may not become eligible to receive benefits for tinnitus until VA receives a claim form specifically applying for that benefit. See 38 C.F.R. § 3.400. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file copies of all records of the Veteran's VA treatment since January 2019. 2. Schedule a new VA audiology examination and obtain a written report from the examiner to assess the current severity of the Veteran's bilateral hearing loss disability. Before preparing a report describing audiometric test results and other examination findings, the examiner should review the Veteran's electronic claims file. In addition to completing the standard VA examination report form for hearing loss, the examiner should indicate whether it is at least as likely as not (50 percent or more probability) that the tinnitus described by the Veteran in his hearing testimony was proximately due to, the result of, or aggravated by the Veteran's service-connected hearing loss disability. The examiner should provide a complete rationale thoroughly explaining the reasons for his or her opinion. 3. The AOJ must ensure that the examination report and opinion comply with the directives of this remand. If any report or opinion is deficient in any manner, the AOJ must implement corrective procedures at once. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Nye, 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.