Citation Nr: 21032031 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 17-56 847 DATE: May 25, 2021 REMANDED The claim of entitlement to a disability rating higher than 10 percent for gastroesophageal reflux disease (GERD) is remanded. The claim of entitlement to a compensable rating for residuals of a nasal fracture is remanded. The claim of entitlement to a compensable initial rating for left ear hearing loss disability is remanded. The claim of entitlement to service connection for right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1976 until July 1981. This matter comes to the Board of Veterans' Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified in a hearing before the Board. A transcript of the hearing has been included in the electronic claims file and has been reviewed. A remand is warranted for medical inquiry into the claims of entitlement to higher disability ratings. The Veteran most recently underwent VA examinations into his claims in March and April 2017. His testimony before the Board indicates a possible worsening of the disorders since then. See Green v. Derwinski, 1 Vet. App. 121 (1991). The claim of entitlement to service connection for a right ear hearing loss disorder must be remanded as well because it is intertwined with the claim of entitlement to an increased rating for left ear hearing loss disability. Also, while evaluating the nature and severity of service-connected left ear hearing loss, a new examination should be conducted into the question of whether the Veteran has current hearing loss disability in the right ear. See 38 C.F.R. § 3.385. The matter is REMANDED for the following action: 1. Undertake appropriate development to obtain any outstanding records pertinent to the claims. Include in the claims file any outstanding VA treatment records. All records/responses received must be associated with the claims file. See 38 C.F.R. § 3.159. 2. Schedule an examination into the increased rating claim for GERD. After reviewing the electronic claims file, interviewing the Veteran, and examining him, the examiner should comment on the nature and severity of GERD. In rendering the report, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). 3. Schedule an examination into the increased rating claim for nasal fracture residuals. After reviewing the electronic claims file, interviewing the Veteran, and examining him, the examiner should comment on the nature and severity of nasal fracture residuals. In rendering the requested report, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). 4. Schedule an examination into left ear hearing loss disability. After reviewing the electronic claims file, interviewing the Veteran, and examining him, the examiner should comment on the nature and severity of left ear hearing loss, and whether the Veteran now has a right ear hearing loss disability under 38 C.F.R. § 3.385. In rendering the requested report, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). G. A. WASIK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher McEntee, 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.