Citation Nr: 21021659 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 17-62 055 DATE: April 13, 2021 ISSUES Entitlement to an increased disability rating in excess of 0 percent for bilateral hearing loss. Entitlement to an increased rating in excess of 10 percent for left tibia scar, residual of injury. REMANDED Entitlement to an increased disability rating in excess of 0 percent for bilateral hearing loss is remanded. Entitlement to an increased rating in excess of 10 percent for left tibia scar, residual of injury is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from October 1965 to September 1969. This matter arises from an appeal to the Board of Veterans’ Appeals (Board) of a July 2015 rating decision issued by the Department of Veteran’s Affairs Regional Office (RO). By way of background, the Veteran was granted service connection for his bilateral hearing loss disability in March 2010 with a 0 percent rating assigned effective November 30, 2009. At that time the Veteran was also granted service connection for his left tibia scar with a 0 percent rating assigned effective November 20, 2009. In April 2015 the Veteran filed for an increased rating for both his bilateral hearing loss disability and left tibia scar. The July 2015 rating decision which is currently on appeal increased his rating for his left tibia scar to 10 percent effective April 20, 2015 and continued his 0 percent rating for his bilateral hearing loss disability. The Veteran testified in a videoconference Board hearing in March 2021 before the undersigned Veterans Law Judge (VLJ). A transcript of the proceeding is associated with the claims file. The Board finds that further evidentiary development is required before the claims on appeal can be adjudicated. Please note that the case has been advanced on the docket pursuant to 38 C.F.R. § 20.900 (c). 1. Entitlement to an increased disability rating in excess of 0 percent for bilateral hearing loss is remanded. The Veteran contends that his bilateral hearing loss disability is more severely disabling than reflected in the currently assigned rating. In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. § 4.1; Peyton v. Derwinski, 1 Vet. App. 282 (1991). As a result, a complete medical history of the Veteran is required for a ratings evaluation. This is in order to protect claimants against adverse decisions based on a single, incomplete, or inaccurate report and to enable VA to make a more precise evaluation. Schafrath v. Derwinski, 1 Vet. App. 589 (1991). The Veteran was last afforded a VA examination for his hearing loss in January 2018. Subsequently at the March 2021 Board hearing the Veteran testified that this disability has continued to worsen. Specifically, the Veteran testified that he got new hearing aids about a year ago and that he continues to have problems understanding what people are saying. The United States Court of Appeals for Veterans Claims has held that when a Veteran alleges that his service-connected disability has worsened since the last examination, a new examination may be required to evaluate the current degree of impairment. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Therefore, as the Veteran last underwent a VA audiological examination in January 2018, he should be afforded a new VA examination to assess the current nature, extent and severity of his service- connected bilateral hearing loss disability. 2. Entitlement to an increased rating in excess of 10 percent for left tibia scar, residual of injury is remanded. The Veteran contends that his service-connected left tibia scar is more severely disabling than reflected in the currently assigned 10 percent rating. The Board notes that additional and relevant evidence has been submitted since the most recent supplemental statement of the case (SSOC) was issued in February 2018. This additional relevant evidence includes a May 2019 VA Scars/Disfigurement examination. Given that this new evidence pertains to the claim and given that the Veteran has not waived consideration by the AOJ, the RO must consider this evidence and reevaluate the claim. Accordingly, the Board finds that a remand is necessary for AOJ consideration of the additional evidence and the issuance of a supplemental SSOC. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records regarding the Veteran's treatment for his service-connected left tibia scar and bilateral hearing loss disabilities. 2. Schedule the Veteran for an audiological examination to determine the current nature, extent, and severity of his service-connected bilateral hearing loss. The examiner should perform all indicated tests and studies and report all clinical findings in detail. The examiner is requested to fully describe the functional effects caused by the Veteran's hearing loss. The claims folder and this remand must be made available to the examiner for review, and the examination report must reflect that such a review was undertaken. 3. Then, after conducting any other development deemed necessary, readjudicate the Veteran's claim with consideration of the evidence added to the electronic record since the last SSOC in February 2018. If the benefit sought on appeal remains denied, provide the Veteran and his representative with a supplemental SSOC and allow an appropriate period of time for response. Thereafter, the claims folder should be returned to the Board.  Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Nettey, 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.