Citation Nr: 21013310 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 17-36 402A DATE: March 9, 2021 REMANDED A compensable rating for bilateral hearing loss is remanded. A rating in excess of 30 percent for major depressive disorder (MDD) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1960 to March 1962. The Veteran provided testimony before the undersigned Veterans Law Judge (VLJ) at a January 2021 Board hearing. A complete transcript is of record. A compensable rating for bilateral hearing loss is remanded. A rating in excess of 30 percent for MDD is remanded. The Veteran asserts that he is entitled to increased ratings for his service-connected bilateral hearing loss and MDD. The Veteran testified in January 2021 that he has received treatment for his bilateral hearing loss and MDD at VA, through 2019. However, the claims file does not contain VA treatment records dated or retrieved after 2016. The Veteran also testified that he has outstanding private treatment records for both hearing loss and for MDD. The VLJ asked the Veteran at the Board hearing if he could ask his ear, nose, and throat (ENT) doctor and his private mental health professional if he would be able to obtain the treatment records and work with his representative to get those records added to his claims file. The Veteran agreed to do so. However, those treatment records have not been associated with the Veteran’s claims file. As there is potentially a substantial amount of outstanding and relevant VA and private treatment records, the increased ratings claims for bilateral hearing loss and MDD must be remanded to ensure due process and a complete record upon which to decide the claim. 38 U.S.C. § 5103; 38 C.F.R. § 3.159. The Board also notes that at the January 2021 Board hearing, the Veteran testified that he feels his hearing has worsened since his last VA examination in 2016. The Veteran’s representative also stated that the Veteran’s last examination for MDD was also in 2016 and that a new examination should be ordered to determine the current severity. Here, there has been a suggestion that the Veteran’s bilateral hearing loss and MDD have gotten worse since the respective February 2016 VA examinations, the Board also finds that new VA examinations should be conducted. See Snuffer v. Gober, 10 Vet. App. 400 (1997). Accordingly, the increased ratings claims for bilateral hearing loss and for MDD are remanded. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records, to include the Veteran’s audiologic and mental health treatment records, since 2015 and associate them with the claims file. 2. After obtaining any necessary contact information and authorization from the Veteran, please request private treatment records that pertain to the Veteran’s bilateral hearing loss and MDD; and associate them with the claims file. The Board notes that the Veteran has testified that his ENT physician’s name is, Dr. Lebovitz; and his treating mental health professional’s name is Amanda Aster. 3. Then, schedule the Veteran for a VA audiological examination to determine the current severity of his service-connected bilateral hearing loss. 4. Schedule the Veteran for a VA examination for mental disorders to determine the current severity of his service-connected MDD. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Fu, Associate 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.