Citation Nr: 23011663 Decision Date: 02/24/23 Archive Date: 02/24/23 DOCKET NO. 18-55 401A DATE: February 24, 2023 REMANDED An initial compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1981 to October 1984. This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision that granted service connection for bilateral hearing loss of a Department of Veterans Affairs (VA) Regional Office (RO). An initial compensable rating for bilateral hearing loss. After review of the record, a remand is required in this case to ensure that VA's responsibilities under the duty to assist are followed and that the Veteran is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Board finds that a remand is necessary in order to afford the Veteran with a contemporaneous VA examination so as to determine the current nature and severity of his bilateral hearing loss. In this regard, the Veteran most recently underwent a VA examination in October 2018. However, since such time, recent evidence uploaded to the claims file tends to show that the Veteran and his wife reported increased and additional symptomatology regarding his bilateral hearing loss. In this regard, the Veteran argues entitlement to a 10 percent disability rating based on a private audiology examination; the Veteran contends it shows slightly worse results than VA testing. See 12/24/2018 Form 9; see also 12/24/2018 Medical treatment Record Non-Government Facility. Additionally, the Veteran's wife reported that the Veteran's hearing "has gotten progressively worse as each year goes by." Further, she reported that the TV must be louder, and she must speak louder and repeat herself constantly. Moreover, she reported that if they are not in the same room, the Veteran has difficulty understanding her. See 12/24/2018 Buddy / Lay Statement. Therefore, as the evidence suggests that the Veteran's bilateral hearing loss symptomatology may have increased since the October 2018 VA examination, a remand is necessary in order to schedule him for an appropriate VA examination in order to assess the current nature and severity of his service-connected bilateral hearing loss disability. 38 C.F.R. § 3.327(a). In sum, on remand, an updated VA examination is required to determine the current severity of the Veteran's bilateral hearing loss disability that takes into consideration the entire claims file. This matter is REMANDED for the following actions: 1. Obtain any and all of the Veteran's outstanding VA and non-VA treatment records from appropriate repositories. All records and/or responses received should be associated with the claims file. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile and allowed the opportunity to provide the records. 2. After completion of step #1, schedule the Veteran for a VA examination by an appropriate clinician to determine the severity of his service-connected bilateral hearing loss disability. Conduct all necessary tests or explain why they could not be conducted. The examiner is to provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. Additionally, include any information concerning the functional impact of the Veteran's bilateral hearing loss, to include as reported by the Veteran. **In doing so, please address the Veteran's contentions that a private audiology examination showed slightly worse results than VA testing. See 12/24/2018 Form 9; see also 12/24/2018 Medical treatment Record Non-Government Facility. Additionally, please address the Veteran's wife reports that the Veteran's hearing "has gotten progressively worse as each year goes by." Further, she reported that the TV must be louder, and she must speak louder and repeat herself constantly. Moreover, she reported that if they are not in the same room, the Veteran experiences difficulty understanding her. See 12/24/2018 Buddy / Lay Statement.** Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.F., 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.