Citation Nr: 21003767 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 16-33 499 DATE: January 22, 2021 REMANDED Service connection for hearing loss. REASONS FOR REMAND The Veteran served on active duty from June 1953to June 1956. The case is on appeal from an October 2015 rating decision. In a July 2019 decision, the Board denied service connection for hearing loss. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Joint Motion for Remand (JMR), the parties moved to remand the Board’s decision denying the hearing loss claim. In an August 2020 Order, the Court remanded the matter to the Board for further appellate review consistent with the Order. Service connection for hearing loss. This matter must be remanded for compliance with the Court’s August 2020 Order. The August 2020 JMR found that a remand to the Board was needed because the Board erred by finding the January 2019 VA medical examination adequate and by relying on this opinion when denying the Veteran’s claim. The January 2019 VA medical opinion was inadequate because the examiner did not address the Veteran’s lay statements regarding the onset and development of hearing loss, specifically his reports of experiencing daily cannon fire for a year without hearing protection, temporary hearing loss, and acoustic trauma from other weapons firing; the Veteran’s wife’s statement that he has always listened to the radio and/or TV at a high volume since at least 1958; and the Veteran’s daughter’s statement that he was always hard of hearing. Further, the examiner’s opinion did not address medical articles cited by the Veteran’s representative in May 2018. In view of the foregoing, the Board finds that a remand for a new VA examination is warranted, such that the examiner may provide an opinion that addresses the foregoing lay evidence and medical research. In light of the remand, updated VA treatment records should be obtained. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records dated from May 2018. 2. Schedule the Veteran for an examination (or a telehealth interview, review of the record, etc., if an in-person examination is not feasible) by an appropriate clinician to determine the nature and etiology of the Veteran’s hearing loss. The entire claims file should be reviewed. The examiner should provide an opinion on whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s hearing loss is related to an in-service injury, event, or disease. (Continued on the next page)   Consideration should be given to the Veteran’s lay statements regarding the onset and development of hearing loss, specifically his reports of experiencing daily cannon fire for a year without hearing protection, temporary hearing loss, and acoustic trauma from other weapons firing; the Veteran’s wife’s statement that he has always listens to the radio and/or TV at a high volume since at least 1958; the Veteran’s daughter’s statement that he was always hard of hearing, and medical articles cited by the Veteran’s representative in May 2018. A complete rationale for all opinions should be provided. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Becton, 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.