Citation Nr: 21007229
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 18-29 279
DATE: February 9, 2021

REMANDED

Entitlement to a rating in excess of 60 percent for service-connected hearing loss is remanded.

REASONS FOR REMAND

The Veteran had honorable active service with the United States Navy from February 1951 to February 1955.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran was last afforded a VA audiological examination in April 2016.  See C&P Exam received in April 2016.  In May 2016, a statement of the case (SOC) was issued, and then in June 2018, the Form 9 was submitted. 

The Board notes some new VA records were received after the SOC.  See CAPRI received August 2018.  

Although the mere passage of time does not trigger the duty for VA to provide a new examination for increased rating claims, additional evidence or allegations demonstrating that a Veteran’s condition has worsened may be enough to trigger the need for a new examination.  38 C.F.R. § 3.327(a); Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007). 

In July 2018, the Veteran received treatment at the VA.  The Veteran reported to his medical provider that he had a decline in his hearing.  He reported that he could no longer hear the TV at all without his hearing aid.  His VA provider noted that the Veteran was very hard of hearing despite using a hearing aid in the left ear.  See CAPRI received August 2018.  

In summary, new evidence received after the SOC suggests that the Veteran’s hearing loss has gotten worse since his last VA examination in April 2016.  Therefore, the Board remands the Veteran’s hearing loss claim for a new examination to assess the severity of his bilateral hearing loss. 

The matters are REMANDED for the following action:

1. Request a VA audiological examination to determine the current severity of the Veteran’s bilateral hearing loss.

2. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is returned to the Board.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Associate Counsel, C. Parnell

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.