Citation Nr: 22010597
Decision Date: 02/24/22	Archive Date: 02/24/22

DOCKET NO. 19-29 595
DATE: February 24, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1978 to March 1984.

This appeal to the Board of Veterans' Appeals (Board) is from a September 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In support of this claim, the Veteran testified at a "virtual" teleconference hearing in January 2021 before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record.

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

During his January 2021 hearing before this Board, the Veteran indicated that his hearing loss has worsened appreciably since his most recent VA examination for it, which was in October 2012, so more than 9 years ago. 

 

Although the mere passage of time does not render an examination inadequate, when, as here, there is at least suggestion the disability may have worsened since last evaluated, there is an obligation as part of the duty to assist the Veteran in helping him to substantiate his claim by having him reexamined to reassess the severity of the disability. See, e.g., Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007).

This is especially true here  seeing as though the Veteran's sister also testified during the hearing about how the bilateral hearing loss has worsened particularly during the last 3 years. As evidence of this, she cited the Veteran's inability to recognize when people visit or call his home ("they have to bang on the door"), and they must talk very loudly just for him to hear them.

Following the hearing, the Board held the record open for an additional 60 days to allow the Veteran and his attorney time to obtain and submit supporting evidence, including perhaps the report of a more recent hearing evaluation they might have him undergo to avoid in turn remanding this claim back to the RO for the same reason (reexamination). But that did not pan out because no additional evidence concerning this claim since has been submitted  including the report of any additional (more recent) hearing evaluation. Instead, the evidence since submitted concerns other claims that are not at issue in this appeal.

 

Accordingly, this claim is REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to reassess the severity of his service-connected bilateral hearing loss. The examiner must provide a full description of this disability and report all signs and symptoms necessary for evaluating it under the applicable rating criteria  including in terms of its functional impairment.

 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Baronofsky

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.