Citation Nr: 21030108 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 20-24 326 DATE: May 17, 2021 REMANDED The issue of an initial compensable rating for left ear hearing loss is remanded. The issue of an initial rating higher than 70 percent for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service from January 1966 to January 1968. Additional development is necessary, and the matters are REMANDED for the following: In the March 2021 Board of Veterans' Appeals (Board) hearing, the Veteran testified that his left ear hearing loss has worsened since his last VA audiological examination in February 2020. Therefore, the issue of an initial compensable rating for left ear hearing loss is remanded for a new VA examination to determine the current severity of the Veteran's left ear hearing loss. In May 2020, the Veteran submitted a VA Form 9, submitted as a notice of disagreement (NOD) with the February 2020 Regional Office (RO) rating decision, in which an initial 70 percent rating was assigned for PTSD. The Veteran is presumed to be seeking the highest rating possible. See A.B. v. Brown, 6 Vet. App. 35 (1993). A statement of the case (SOC) addressing the NOD has not been issued to the Veteran or his attorney. Therefore, remand is necessary. See Manlincon v. West, 12 Vet. App. 238, 240-241 (1999). 1. The issue of entitlement to an initial compensable rating for left ear hearing loss is remanded. 2. The issue of entitlement to an initial rating higher than 70 percent for PTSD is remanded. The matters are REMANDED for the following action: 1. Obtain all outstanding private and VA treatment records related to the Veteran's left ear hearing loss and PTSD and associate them with the claims file. 2. After any additional evidence is associated with the claims file, schedule the Veteran for a VA audiological examination with the examiner who conducted the February 2020 VA audiological examination. If the examiner is not available, schedule the Veteran for a VA audiological examination with an appropriately qualified VA examiner to determine the current severity of his left ear hearing loss. The claims file, to include a copy of this remand, must be made available to the examiner for review. The examination report should reflect that such a review was accomplished. The examiner should elicit a complete history from the Veteran. All appropriate tests, studies, and consultation should be accomplished, and all clinical findings should be reported in detail. Specifically, as to any reported worsening, the examiner must provide a complete explanation as to findings. The examiner's attention is drawn to the following: * The May 2016 VA audiological examination indicates sensorineural hearing loss in the left ear. The Veteran reported the need to ask others to repeat themselves in conversation, that he must watch television on high volume, and that he is unable to hear others in a restaurant setting. * The February 2020 VA audiological examination indicates sensorineural hearing loss in the left ear. The use of hearing aids was noted; however, the Veteran reported difficulty hearing the television regardless of whether he wears his hearing aids. * In the March 2021 Board hearing, the Veteran testified that his left ear hearing has worsened since his last VA audiological examination in February 2020. He testified that family members speak to him loudly, and that he must watch television on high volume such that others complain that the volume is too loud. 3. Readjudicate the issue of an initial compensable rating for left ear hearing loss. If the benefit sought on appeal remains denied, the Veteran and his attorney should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. 4. Issue an SOC to the Veteran and his attorney, which addresses the issue of an increased initial 70 percent rating for PTSD since April 19, 2016. Then follow all appropriate appellate procedures. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Timothy T. Emmart 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.