Citation Nr: 21029730
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 17-47 161
DATE: May 14, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to April 1970.

The Veteran appeared at a Board hearing in December 2020; 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 Veteran'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 Veteran was most recently provided a VA examination for his service-connected bilateral hearing loss in January 2015. While the Veteran explained during the December 2020 hearing that he has multiple examinations from private hearing examiners, one from October 2018 and one from October 2020, the Veteran's file does not contain either examination.

At his VA hearing in December 2020, the Veteran testified that he had difficulty hearing the television at regular volume and has difficulty making conversation with people who are not facing him. The Veteran asserted that his hearing has worsened since his last VA examination, and referred to the October 2018 and October 2020 private examinations in support of his contention. 

Considering the current record, and the Veteran'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 Veteran 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. Ask the Veteran to complete a Form 21-4142 for any hearing examinations that are not currently associated with his file. If the Veteran completes a Form 21-4142, make requests for the authorized records, unless it is clear after the first request that a second request would be futile.  In the alternative, request that the appellant submit the records.

2. Afford the Veteran an appropriate VA examination to determine the severity of his bilateral hearing loss disability.  

3. Readjudicate the claim on appeal. If the benefit sought remains denied, issue an appropriate supplemental statement of the case and provide the Veteran 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.