Citation Nr: 21010910 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 18-30 874 DATE: February 26, 2021 REMANDED The issue of whether the reduction of the Veteran’s disability rating for bilateral hearing loss from 50 percent to 40 percent effective November 1, 2017 was proper, is remanded. REASONS FOR REMAND The Veteran had active service from May 1963 to May 1966. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran was afforded a videoconference hearing before the undersigned Veterans Law Judge. The undersigned noted the issues on appeal and engaged in a colloquy with the Veteran toward substantiation of the claims. See Bryant v. Shinseki, 23 Vet. App. 488, 496-97 (2010). A hearing transcript is in the record. The issue of whether the reduction of the Veteran’s disability rating for bilateral hearing loss from 50 percent to 40 percent effective November 1, 2017 was proper, is remanded. The matter is REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: In an August 2017 rating decision, the RO reduced the Veteran’s disability rating for his service-connected bilateral hearing loss from 50 percent to 40 percent, effective November 1, 2017. The Veteran contends the reduction was improper because his hearing did not actually improve. He asserts that the two recent VA examinations in February 2014 and May 2016 were not thorough and did not accurately reflect the severity of his hearing loss at the time. The Veteran reports that his hearing worsened at each of his hearing evaluations and argues that the current 40 percent rating does not represent his current level of impairment. The Board finds that an additional VA audiological examination is necessary to determine the current severity of the Veteran’s bilateral hearing loss and whether the August 2017 rating reduction was proper. 2. REMAND DIRECTIVES: Schedule the Veteran for an appropriate VA examination to determine the severity of his bilateral hearing loss in accordance with applicable rating criteria and to determine the resultant functional effects, including on his day-to-day activities and employment. The entire claims file, including a copy of the Remand, should be made available to, and be reviewed by, the VA examiner. All diagnostic testing and evaluation needed to make this determination should be performed, and all clinical findings reported in detail. The results of the audiological examination should state, in numbers, the findings of pure tone decibel loss at 500, 1000, 2000, 3000, and 4000 Hertz; should provide the pure tone threshold average; and should also state the results of the word recognition test, in percentages, using the Maryland CNC test. In addition to dictating objective test results, the examiner should fully describe the functional effects caused by the Veteran’s bilateral hearing loss. Any indications that the Veteran’s complaints or other symptomatology are not in accord with the objective findings on examination should be directly addressed and discussed in the examination report. In addition to reviewing the entire claims file, the examiner is requested to review the following: *April 2015 written statement where the Veteran reported that testing during February 2014 VA hearing examination was extremely loud, such that it was impossible to accurately evaluate his hearing. The Veteran further reported that his hearing had deteriorated at each of his previous hearing examinations. See “Correspondence,” received July 18, 2017. *August 2017 non-VA audiograms from Klamath Audiology documenting “moderate to profound high frequency [hearing] loss.” See “Medical Treatment Record – Non-Government Facility,” received August 10, 2017. *January 2021 hearing testimony where the Veteran reported the volume of the testing during the February 2014 VA examination was so loud that he felt he was unable to give accurate responses to the examiner’s questions. The Veteran also reported that the May 2016 VA audiological examination was very brief and did not test for “negative pressure.” He further indicated that, presently, he cannot not hear “half the things in my hearing aids.” See “Hearing Transcript,” received January 29, 2021, at pages 1-3. After the above development is completed, readjudicate the issue of whether the reduction of the rating for bilateral hearing loss from 50 to 40 percent was proper. If the benefit sought is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded a reasonable opportunity to respond to the SSOC before the record is returned to the Board for further review. The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Hiaasen 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.