Citation Nr: 21075356 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 18-19 935 DATE: December 20, 2021 REMANDED Entitlement to an initial compensable disability rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1966 to September 1968. For his service, he was awarded the Vietnam Campaign Medal and Vietnam Service Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision. The Veteran disagreed with the initial disability rating assigned in the May 18, 2016 rating decision, and it is presumed he is seeking the highest possible rating or maximum benefits available under the law. See AB v. Brown, 6 Vet. App. 35, 38-39 (1993). A separate May 23, 2016 rating decision assigned an effective date of July 15, 2014 for service connection for bilateral hearing loss. The Veteran initially sought a video-conference hearing before a Veterans Law Judge (VLJ) in his April 2018 Appeal to the Board of Veterans' Appeals (VA Form 9). However, he later requested a virtual hearing. A virtual hearing was scheduled for March 18, 2021. The Veteran was unable to connect to the hearing and rescheduled the hearing. See March 2021 Statement in Support of Claim, VA Form 21-4138. In October 2021, the Veteran withdrew the request for a hearing as he advised the information and data in his file support his appeal. Accordingly, the Veteran's hearing request is deemed withdrawn. 38 C.F.R. § 20.704(e). Entitlement to an initial compensable disability rating for bilateral hearing loss is remanded. The Board finds that a new VA examination is warranted to assess the current nature and severity of the Veteran's service-connected bilateral hearing loss. See 38 C.F.R. § 3.327(a) (providing that reexaminations will be requested whenever VA needs to determine the current severity of a disability). The Veteran was last afforded a VA Hearing Loss and Tinnitus Disability Benefits Questionnaire in March 2016. The examination report describes the functional impact of the Veteran's hearing loss as difficulty understanding conversation. The December 2021 Informal Hearing Presentation (IHP) from the Veteran's representative provides that a new examination is warranted to determine the current severity of his service-connected bilateral hearing loss because of the age of the examination. VA treatment records since the March 2016 examination demonstrate that the Veteran has difficulty hearing. Considering that the Veteran's last examination occurred more than five years ago and the evidence that his disability picture has changed, the Board finds that the current evidence of record does not appear to adequately reveal the present state of his bilateral hearing loss. See Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991) (where the record does not adequately reveal the current state of the claimant's disability, a VA examination must be conducted); see also Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (wherein the Court determined the Board should have ordered a contemporaneous examination of the Veteran because a 23-month-old exam was too remote in time to adequately support the decision in an appeal for an increased rating); Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007), citing Caluza v. Brown, 7 Vet. App. 498, 505-06 (1998) ("Where the record does not adequately reveal the current state of the claimant's disability the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination."); see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); VAOPGCPREC 11-95 (1995). The matter is REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from November 2020 to the present. 2. After the above development is completed, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. (a.) The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. (b.) To the extent possible, the examiner should discuss the effect of the Veteran's hearing loss on any occupational functioning and activities of daily living. All examination findings, along with the complete rationale for all opinions expressed, must be set forth in the examination report. P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mussey, Sean 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.