Citation Nr: 22019288
Decision Date: 04/01/22	Archive Date: 03/31/22

DOCKET NO. 18-43 546
DATE: April 1, 2022

REMANDED

Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from June 1962 to June 1966.

In October 2021, the Veteran testified at a videoconference hearing before the undersigned.  See October 2021 Hearing Transcript.  A transcript of the hearing was associated with the claims file.

1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded.

Upon review of the record, the Board finds that the claims must be remanded for a new VA examination.  The Board sincerely regrets the additional delay caused by this remand but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claim.

The Veteran contends that he is entitled to an increased rating for his bilateral hearing loss.

The record contains private audiograms from September 2011, June 2015, October 2015, April 2017, May 2019, and August 2021.  See October 2021 and November 2021 Medical Treatment Record  Non-Government Facility.  The record also contains a VA examination from March 2018. 

At the October 2021 Board hearing, the Veteran and his spouse testified that his hearing has worsened.  In particular, the Veteran indicated that he has problems in his daily life activities, enjoying outdoor performances, and communicating with others.  He also testified that he was not exposed to any loud noise since his discharge from service and that he has worn hearing aids since 2011.  See October 2021 Hearing Transcript.  His private audiograms, although lacking sufficient data for an informed rating determination (i.e., Maryland CNC speech recognition scores, particularly for the most recent audiogram), appear to support the Veteran's and his spouse's contention of a worsening disability.

Accordingly, the Board finds that an updated VA examination is necessary.  See Snuffer v. Gober, 10 Vet. App. 400 (1997) (noting that a claimant is entitled to a new VA examination where there is evidence that the condition has worsened since that last examination).  

The matters are REMANDED for the following action:

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1. Assist the Veteran in associating with the claims file updated treatment records.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kim, 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.