Citation Nr: 22015113
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 18-49 233
DATE: March 16, 2022

REMANDED

Evaluation in excess of 10 percent for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from May 1978 to December 1981.  

This matter comes before the Board of Veterans Appeals (Board) on appeal from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In November 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

1. Evaluation in excess of 10 percent for bilateral hearing loss is remanded.

The Board finds that additional development is needed prior to adjudication of the issue on appeal.  The Veteran was last afforded an examination in May 2019. The Veteran testified at the Board hearing that his hearing loss has worsened since his last exam.  His partner and sister also attested to his worsening symptoms.  The Veteran stated that he cannot hear his partner, has to ask people to repeat themselves, and gets dizzy.  The Board finds that the record indicates a possible worsening of the Veteran's condition since the May 2019 examination and a new examination is warranted.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).  Based on the foregoing, the Board will remand for a new examination to determine the severity of the Veteran's bilateral hearing loss.  

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the nature and severity of his service-connected bilateral hearing loss.  The examiner should not be the same examiner who conducted the Veteran's prior hearing loss examination.  The Veteran's claims file should be provided to the examiner.  The examiner must obtain a detailed clinical history from the Veteran and must note all pertinent pathology found on examination in the report of the evaluation.

Any testing deemed necessary should be performed. The examiner must provide a full description of each disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  The examiner should consider the Veteran's lay statements regarding additional symptoms of dizziness.  The examiner must comment on the functional effects of the disability evaluated.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Javed, 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.