Citation Nr: 21006175 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 15-09 848 DATE: February 3, 2021 REMANDED The claim for a higher initial disability rating for bilateral hearing loss, rated as noncompensable prior to April 21, 2015, and as 10 percent disabling from that day forward is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to October 1972. The Veteran provided testimony before a Veterans Law Judge (VLJ) in July 2016. A transcript of that hearing is in the claims file. After the VLJ who held this hearing subsequently retired from the Board, the Appellant was offered the opportunity to appear at a new hearing before a different VLJ. He declined a new Board hearing in a December 2020 correspondence. As such, the Board will proceed with the appeal. See 38 U.S.C. § 7107 (c); 38 C.F.R. §§ 19.3 (b), 20.707. This claim was remanded in June 2018 and July 2020 for additional development. The Board sincerely regrets that the claim must be remanded again to ensure proper development before adjudication. 1. Entitlement to a higher initial disability rating for bilateral hearing loss, rated as noncompensable prior to April 21, 2015, and as 10 percent disabling from that day forward. The last examination of record to evaluate the current severity of the Veteran’s bilateral hearing loss is the April 2015 VA examination. Thereafter, the Veteran reported that his hearing acuity was much more severe than noted upon that examination and had worsened since. He specifically reported an increasing difficulty hearing conversation, particularly higher pitched voices. His wife described an instance where the Veteran could not hear the loud sound of his oxygen tank releasing air next to him. The Veteran further contends that the 2015 VA examination was provided by a man with a low voice, which he can hear much better than higher voices, and did not capture the true severity of his disability. Additionally, the Board acknowledges the May 2019 private audiogram. However, it is not clear whether the private audiologist used the Maryland CNC as required by regulation. As such, the Board finds that a new VA examination is necessary to assess the current severity of the Veteran’s hearing loss. See Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to conduct a thorough and contemporaneous examination of the Veteran in an increased rating claim); Schafrath v. Derwinski, 1 Vet. App. 589 (1991). Additionally, all outstanding records of ongoing VA treatment should be obtained. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2020 to present. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. 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. In addition to providing the required audiogram according to the requirements in VA regulations, the examiner must also describe the impact his hearing loss has on his daily functioning, with and without his hearing aids. The examiner must also opine as to whether the Veteran’s hearing loss has impacted his ability to obtain and maintain gainful employment by describing the activities are impacted by his hearing loss and what he would and would not be able to complete successfully. D. SMART Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. B., 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.