Citation Nr: 18160871
Decision Date: 12/28/18	Archive Date: 12/27/18

DOCKET NO. 17-21 579
DATE:	December 28, 2018
REMANDED
Entitlement to service connection for bilateral hearing loss is remanded.
Entitlement to service connection for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran had active duty from June 1956 to April 1960 and from September 1963 to August 1965.
The Board finds that further development of the record is required to comply with VA’s duty to assist the Veteran in the development of facts pertinent to the claims on appeal. See 38 C.F.R. § 3.159. VA is obligated to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate his claims. 38 U.S.C.A. § 5103A.
At the October 2016 VA examination, bilateral sensorineural hearing loss was diagnosed, and the examiner opined that it was less likely as not that the Veteran’s hearing loss and tinnitus were related to noise exposure he experienced on active duty, based on audiometric data in the Veteran’s service treatment records. Under governing caselaw, the absence of a hearing loss in service is not fatal to a claim of service connection for hearing loss (see Hensley v. Brown, 5 Vet. App. 155, 159 (1993)). Therefore, the opinion offered is inadequate, and a remand for an addendum opinion is necessary. See Barr v. Nicholson, 21 Vet. App. 303 (2007) (VA must provide an examination or opinion that is adequate for rating purposes).
The matters are REMANDED for the following action:
1. The AOJ should secure for the record updated (to the present, i.e. any outstanding) records of the Veteran’s VA treatment for his hearing loss disabilities.
2. The AOJ should also arrange for the Veteran’s record to be forwarded to an otologist or audiologist for review and an addendum advisory opinion regarding the likely etiology of his bilateral hearing loss disability and tinnitus, specifically whether or not the disorders were incurred or are due to the Veteran’s service. The Veteran’s claims file must be reviewed by the examiner in conjunction with the examination. Based on review of the record and examination/interview of the Veteran, the examiner should provide an opinion as to whether the Veteran’s bilateral hearing loss disability and tinnitus were at least as likely as not (a 50% or better probability) incurred during service or are related to his acknowledged exposure to noise trauma during service. 
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The examiner must include rationale for all opinions. If the opinion is to the effect that the Veteran’s hearing loss and/or tinnitus is/are unrelated to his service, the explanation should identify the etiology for the hearing loss and tinnitus considered more likely.
 
 DELYVONNE M. WHITEHEAD
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Sangster, Counsel