Citation Nr: 21029595
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 19-04 882
DATE: May 14, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for bilateral hearing loss is remanded.

REASONS FOR REMAND

Entitlement to a rating in excess of 30 percent for bilateral hearing loss is remanded.

The Veteran contends that his bilateral hearing loss disability is worse than what is contemplated by the current rating.  The Veteran was last provided a VA audiology examination in August 2018.  While, generally, the mere passage of time is not a sufficient basis for a new examination, the Veteran testified in a March 2021 hearing that the hearing disability has worsening since the most recent examination.  Palczewski v. Nicholson, 21 Vet. App. 174 (2007).  Therefore, remand for a VA examination is necessary to determine the current severity of the bilateral hearing loss.

In addition, VA treatment reports contained in the VISTA electronic records system are not of record.  Specifically, VA records note that multiple audiology reports were scanned into the Vista electronic file.  On remand, VA should obtain all relevant VA and private treatment records that could potentially be helpful in resolving the claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).

The matters are REMANDED for the following action:

1.   Obtain all outstanding, relevant VA treatment records not already of record, to include those in the VISTA electronic record.  Specifically, all VA audiology reports from August 2017 to the present should be obtained from VISTA for inclusion in the claims file.  Attempts to locate records must be documented in the claims file.

2.   Then, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of bilateral hearing loss.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for rating the disability under the rating criteria.  The examiner should review the claims file and interview the Veteran as to his history, current symptoms, and the impact of hearing loss on activities of daily living and employment, and should document that in the report.  The examiner should provide audiometric findings and speech discrimination scores using the Maryland CNC test.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Duke, 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.