Citation Nr: 21021971
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 19-13 560
DATE: April 14, 2021

REMANDED

Entitlement to an initial compensable evaluation for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served in the Army National Guard from September 1977 to July 1991.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, granted service connection for bilateral hearing loss and assigned a noncompensable evaluation, effective January 23, 2017.  The Veteran appealed for a compensable evaluation.  

The Veteran testified before the undersigned Veterans Law Judge at a March 2021 Virtual hearing.  

1. Entitlement to an initial compensable evaluation for bilateral hearing loss is remanded.

The Veteran’s last VA examination for his service-connected bilateral hearing loss was in May 2017.  At his March 2021 Board hearing, the Veteran testified that he felt that the May 2017 VA examiner did not conduct an adequate examination.  Moreover, he explained that he had difficulty hearing with background noise and when people turned their heads.  VA is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of his service-connected disability.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also 38 C.F.R. § 3.326(a).  As the evidence suggests that the previous VA examination was not adequate and that the Veteran’s bilateral hearing loss may have worsened since his last VA examination, a remand is required to determine the current severity of his service-connected disability.  

The matter is REMANDED for the following actions:

1. Obtain all the outstanding treatment records for the Veteran’s bilateral hearing loss that are not currently of record.

2. Schedule the Veteran for an examination by an appropriately qualified examiner other than the examiner who conducted the May 2017 VA examination to determine the current severity of his service-connected bilateral hearing loss.

To the extent possible, the examiner should provide current findings regarding all symptoms associated with the service-connected bilateral hearing loss and should opine as to its severity.

The examiner should comment on the extent of any functional impairment caused by the Veteran's bilateral hearing loss, to include in an occupational setting and in performing ordinary, daily activities.

All findings should be fully documented in the examination report.

3. Readjudicate the issue on appeal.  If the benefit sought on appeal is not granted to the Veteran’s satisfaction, provide the Veteran with a supplemental statement of the case and an opportunity to respond.  If necessary, return the case to the Board for further appellate review.  

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Journet Shaw, 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.