Citation Nr: 18148998
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 16-39 788
DATE:	November 8, 2018
REMANDED
The petition to reopen the claim for service connection for bilateral hearing loss is remanded. 
REASONS FOR REMAND
1. The petition to reopen the claim for hearing loss is remanded.
The record indicates that the Veteran may be in receipt of disability benefits from the Social Security Administration.  As records pertaining to his SSA claim may be relevant to his claim for hearing loss, appropriate efforts must be made to obtain them.
A new medical opinion should also be provided.  In a January 2012 VA examination report, the examiner opined that the Veteran’s hearing loss was less likely than not related to in-service noise exposure because the evidence did not show treatment for hearing loss during service or within one year of separation.  The Veteran’s service treatment records were likely destroyed in the 1973 fire that occurred at the National Personnel Records Center.  He had combat service as an infantryman in the Korean War, where he experienced significant noise exposure.  He states that he experienced hearing loss under combat conditions, but was not allowed to go to “sick call” at the time.  He states he has had progressive hearing loss ever since service.  See June 2012 VA Form 21-4138.  
The Board presumes that the Veteran experienced hearing loss while serving in combat.  See 38 U.S.C. § 1154(b) (2012); 38 C.F.R. § 3.304(d) (2017); Collette v. Brown, 82 F.3d 389, 393 (Fed.Cir.1996).  His statement regarding experiencing hearing loss in service is competent and credible.  The examiner must take into account this history, and also discuss whether acoustic trauma from combat during service may have caused the gradual development or delayed onset of his current hearing loss disability. 

The matter is REMANDED for the following action:
1. Make appropriate efforts to obtain any available SSA records pertaining to the Veteran’s claim for SSA disability benefits.  
2. Obtain a new medical opinion regarding service connection for hearing loss, as specified below.
The examiner is asked to provide an opinion as to whether it is at least as likely as not (50% probability or more) that the Veteran’s current bilateral hearing loss is linked to noise exposure while serving in combat as an infantryman in Korea.  The examiner must assume that the Veteran experienced hearing loss while serving in combat based on his credible statement, and take this history into account.  The sole fact that there is no contemporaneous evidence of treatment for hearing loss is not sufficient explanation for finding against a relationship to service.  The examiner must consider the Veteran’s statement that he experienced progressive hearing loss since service, and also discuss whether the Veteran’s in-service acoustic trauma from combat conditions as an infantryman may have caused the gradual development or delayed onset of his current hearing loss disability.  A complete explanation must be provided. 
 
J. Rutkin
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Ko, Associate Counsel