Citation Nr: 21070833
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 18-54 092
DATE: November 26, 2021

REMANDED

Entitlement to a compensable evaluation for left ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1989 to January 2000. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision.

The Veteran testified at a hearing before the undersigned Veterans Law Judge in November 2021.  

The Veteran was most recently afforded a VA audiology examination in July 2017.  However, during the November 2021 hearing, the Veteran testified that his left ear hearing loss has worsened since 2017.  VA's General Counsel has indicated that, when a claimant asserts that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate.  VAOPGCPREC 11-95 (April 7, 1995); see also Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).  Therefore, a remand is necessary to afford him an additional VA examination.  

The matters are REMANDED for the following action:

1.  The Agency of Original Jurisdiction (AOJ) should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his left ear hearing loss.  After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file.

The AOJ should also obtain any outstanding VA medical records.

2.  After completing the foregoing development, the Veteran should be afforded a VA examination to ascertain the current severity and manifestations of his service-connected left ear hearing loss.

Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed, but should include the Maryland CNC test and a pure tone audiometry test.

The examiner is requested to review all pertinent records associated with the claims file.

The examiner should also discuss the effect of the Veteran's bilateral hearing loss on his occupational functioning and daily activities.

A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. Because it is important "that each disability be viewed in relation to its history," 38 C.F.R. § 4.1, copies of all pertinent records in the Veteran's claims file must be made available to the examiner for review.

3.  The AOJ should conduct any other development as may be indicated. 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Wulff, 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.