Citation Nr: 21029216
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-36 296
DATE: May 12, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from January 1965 to October 1967. 

This matter comes before the Board of Veterans' Appeals (Board) from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

Previously, the claim was before the Board in November 2018 and was remanded for additional development. As the directives in the November 2018 remand having been substantially complied with, the matter is again before the Board. See Stegall v. West, 11 Vet. App. 268, 271(1998).

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

Unfortunately, the Veteran's claim for an increased disability rating for bilateral hearing loss must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 

The Veteran contends that a compensable disability rating is warranted for his service-connected bilateral hearing loss. The Veteran was last afforded a VA examination in May 2015. In the August 2018 brief, the Veteran's representative noted that the Veteran stated his hearing loss is worse than reflected in his examination.  

While a new examination is not required simply because of the time which has passed since the last examination, VA's General Counsel has indicated that a new examination is appropriate when there is evidence of an increase in severity since the last examination. VAOPGCPREC 11-95 (1995). Accordingly, the Board finds that a new VA examination is necessary to determine the current severity of the Veteran's service-connected bilateral hearing loss disability. See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994), see also Snuffer v. Gober, 10 Vet. App. 400, 403   (1997) (holding that a Veteran is entitled to a new examination after a two year period between the last VA examination and the Veteran's contention that the pertinent disability had increased in severity); VAOPGCPREC 11-95 (1995); see also 38 C.F.R. § 3.327 (a reexamination will be requested whenever there is a need to verify the current severity of a disability). Therefore, a remand is warranted. 

The matter is REMANDED for the following action:

1. Please ensure all VA treatment records are associated with the claims file.

2. Schedule the Veteran for an audiometric examination by an appropriate clinician to determine the nature and current degree of severity of the Veteran's service-connected bilateral hearing loss disability. The audiometric testing results from the examination should be associated with the claims file. 

To the extent possible, the examiner should identify any symptoms and functional impairments due to bilateral hearing loss disability alone and discuss the effect of the Veteran's disability on any occupational functioning and activities of daily living. A complete rationale should be provided for all opinions expressed.

 

 

A. J. Spector

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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.