Citation Nr: 20023062
Decision Date: 04/02/20	Archive Date: 04/02/20

DOCKET NO. 18-48 284
DATE: April 2, 2020

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from May 1959 to April 1963.

This matter comes to the Board of Veterans’ Appeals (Board) from a May 2018 rating decision which, in pertinent part, denied entitlement to service connection for bilateral hearing loss.

In February 2020, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board videoconference hearing.  A copy of the transcript is of record.

Entitlement to service connection for bilateral hearing loss is remanded. 

The Board cannot make a fully-informed decision on the issue of entitlement to service connection for bilateral hearing loss at this time.

While a January 2018 private audiologist indicated that the Veteran’s in-service hazardous noise exposure and onset of the Veteran’s tinnitus during service was evidence of early stage cochlear damage, the clinician did not provide a nexus opinion as to whether the Veteran’s bilateral hearing loss was related to service.

Additionally, while an April 2018 VA examiner opined that the Veteran’s hearing loss was less likely than not due to in-service noise exposure, but rather due to age and post-service noise exposure, it is not clear whether the examiner considered the January 2018 opinion that the in-service onset of tinnitus during service was evidence of early stage cochlear damage or the Veteran’s lay statements that he experienced hearing loss in service.

Therefore, the Board finds that a remand is warranted for a new VA examination and medical opinion as to the nature and etiology of the Veteran’s bilateral hearing loss.

The matter is REMANDED for the following actions:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his bilateral hearing loss.  

The examiner must opine whether the Veteran’s bilateral hearing loss at least as likely as not (1) began during active service, to include related to an in-service injury, event, or disease, including conceded noise exposure and his lay statements concerning onset of hearing loss in service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service.

The examiner is asked to comment on the January 2018 private opinion that the Veteran’s in-service hazardous noise exposure and onset of tinnitus in service is evidence of early stage cochlear damage.  

2. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Owen, 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.