Citation Nr: 21023350
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 19-19 961
DATE: April 20, 2021

REMANDED

Entitlement to a compensable rating for bilateral hearing loss disability is remanded.

REASONS FOR REMAND

The appellant served on ACDUTRA from November 1962 to May 1963.

The appellant appeared at a Board hearing in January 2021; a transcript is of record.  During the Board hearing, the undersigned Veterans Law Judge clarified the issues on appeal, identified potential evidentiary defects, and clarified the type of evidence that would support the appellant’s claim. The actions of the Veterans Law Judge supplement the Veterans Claims Assistance Act (VCAA) and comply with any related duties owed during a hearing. See 38 C.F.R. § 3.103.

 

1. Entitlement to a compensable rating for bilateral hearing loss is remanded.

The Board notes that the appellant was most recently provided a VA examination for his service-connected bilateral hearing loss in November 2018. The testing results were found invalid for rating purposes. The last testing results that were found valid for ratings purposes were administered in June 2017. While the appellant submitted hearing examinations from private examiners, the submitted examinations do not meet the VA’s criteria for determining a proper rating for bilateral hearing loss.

At his VA hearing in January 2021, the appellant testified that he had difficulty maintaining conversations with his family, including his wife, children and grandchildren. He stated that he has difficulty making out words on TV and struggles to keep up with conversations over the phone. In a January 2021 VA medical treatment record submitted after the hearing, the examiner wrote that the appellant “reported his hearing had declined.” 

Considering the current record, and the appellant’s specific assertions that his disability picture has worsened since the last examination, an examination must be afforded to accurately assess the current severity and manifestations of this disability. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The appellant should be provided an opportunity to report for VA examinations to ascertain the current severity and manifestations of the disabilities. 

The matters are REMANDED for the following action:

1. Afford the appellant an appropriate VA examination to determine the current severity of his bilateral hearing loss disability.  The examiner must note if the test results are valid.

2. The appellant is informed of his duty to report for the examination and cooperate with the examination.

3. Readjudicate the claim on appeal. If the benefit sought remains denied, issue an appropriate supplemental statement of the case and provide the appellant and his representative with the requisite period of time to respond.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jonah Nelson, 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.