Citation Nr: 21020896 Decision Date: 04/08/21 Archive Date: 04/08/21 DOCKET NO. 16-21 310 DATE: April 8, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from August 1968 until his honorable discharge in September 1970. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran was scheduled for a June 2019 video conference hearing. However, the Veteran was deemed a no-show for the hearing, and to date, the Veteran has not requested that the hearing be rescheduled. As such, the Board finds that the Veteran’s hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d). 1. Entitlement to a compensable rating for bilateral hearing loss. The Veteran seeks a higher (compensable) rating for his service-connected bilateral hearing loss. Nearly five years have passed since the Veteran was afforded a VA examination on the severity of his hearing loss. His last VA examination was in August 2016 and showed worsening of his hearing loss since the previous audiology examination in July 2015. This worsening and the passage of time necessitates that the Agency of Original Jurisdiction (AOJ) obtain a new VA examination on the severity of the Veteran’s bilateral hearing loss. In general, disability ratings for hearing loss are derived from a mechanical application of the rating schedule to the numeric designations resulting from audiometric testing. See Lendenmann v. Principi, 3 Vet. App. 345 (1992). The severity of a hearing loss disability is determined by a comparison of audiometric test results with specific criteria set forth in the Rating Schedule. See 38 C.F.R. § 4.85. Evaluations of bilateral defective hearing range from noncompensable to 100 percent based on organic impairment of hearing acuity. Impairment is measured by the results of controlled speech discrimination tests together with the average hearing threshold level as measured by pure tone audiometry tests in the frequencies of 1000, 2000, 3000, and 4000 Hertz. The audiometric test results are then translated into a numeric designation ranging from Level I to Level XI in order to evaluate the degree of disability from bilateral service-connected hearing impairment. The Veteran had a VA examination for hearing loss in July 2015. Audiometry revealed Puretone thresholds, in decibels, as follows: HERTZ 1000 2000 3000 4000 RIGHT 10 40 55 55 LEFT 25 50 70 65 Based on these results, the average Puretone threshold was 40 for the right ear and 52.5 for the left ear. Speech audiometry revealed speech recognition ability of 94 percent in each ear, as measured by the Maryland CNC test. The Veteran’s most recent VA examination for hearing loss took place in August 2016. Audiometry revealed Puretone thresholds, in decibels, as follows: HERTZ 1000 2000 3000 4000 RIGHT 25 45 60 70 LEFT 25 45 70 65 Based on these results, the average Puretone threshold was 50 for the right ear and 51.25 for the left ear. Speech audiometry revealed speech recognition ability of 90 percent in the right ear and of 72 in the left ear, as measured by the Maryland CNC test. Due to the evidence of worsening in the Veteran’s hearing impairment between his July 2015 VA examination and the most recent VA examination in August 2016 (a year later) and the passage of time (nearly 5 years ago), a new VA examination is necessary to adequately evaluate the Veteran’s hearing loss disability. The most recent VA treatment records referencing the Veteran’s hearing loss are from May 2016. Additionally, the Veteran states in his August 2015 Notice of Disagreement that he was “being followed by an ENT who has recommended him for hearing aids,” which indicates ongoing private treatment for his hearing disability. Any updated VA or private records of treatment for hearing loss during the pendency of this claim should be sought and obtained for the record. The matter is REMANDED for the following action: 1. Request that the Veteran identify the providers of all private treatment he has received for his hearing loss disability during the pendency of this claim and request that he provide any releases necessary for VA to secure such records. Secure any records of private audiological treatment identified by the Veteran. 2. Obtain any updated VA audiological evaluations and treatment the Veteran has received for his hearing loss disability since May 2016. (Continued on the next page)   3. Thereafter, schedule an audiological evaluation of the Veteran to determine the current severity of his service-connected bilateral hearing loss. In addition to reporting audiometry results, the examiner should elicit from the Veteran information as to the effect his hearing loss has on his daily living, and comment on the expected impact that the degree of hearing loss found would have on occupational and social functioning (i.e., provide an opinion as to whether the Veteran’s complaints of functional impairment are consistent with his level of hearing loss shown). 3. Review the record and readjudicate the claim for a compensable rating for bilateral hearing loss. If it remains denied, the AOJ should issue an appropriate Supplemental Statement of the Case and afford the Veteran and his representative an opportunity to respond. The case should then be returned to the Board, if in order, for further appellate consideration. T. V. Casey Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. A. Johnston, 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.