Citation Nr: 21004175 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 14-05 860 DATE: January 26, 2021 REMANDED Entitlement to service connection for a left ear hearing loss disability, to include on a secondary basis, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2003 to November 2008. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the Veteran and his wife testified at a Board videoconference hearing before the undersigned. A copy of the transcript of that hearing has been associated with the claims file. The undersigned agreed to keep the record open for 60 days to allow the Veteran’s representative additional time to submit a brief in support of the Veteran’s claim. See November 2018 Hearing Transcript, page 2. A post-hearing brief was received in February 2020. See January 2019 Medical Treatment Record – Government Facility. Entitlement to service connection for a left ear hearing loss disability, to include on a secondary basis, is remanded. The Veteran underwent a VA examination for hearing loss and tinnitus in September 2013. While the examiner diagnosed the Veteran with right ear sensorineural hearing loss in the frequency range from 500 Hertz (Hz) through 4000 Hz, audiometric testing showed that the Veteran’s left ear hearing acuity was normal. See September 2013 CAPRI; see also 38 C.F.R. § 3.385. During the November 2018 hearing, the Veteran testified that his left ear hearing acuity had deteriorated since his September 2013 VA examination. In this regard, the Veteran reported that the severity of his left ear hearing loss disability increased because he had to over-compensate for his service-connected right ear hearing loss disability, to the point that he occasionally felt that it failed him. In addition, the Veteran’s wife testified that the Veteran watched television at high volumes, had trouble understanding speech, and often asked her to repeat herself. She further stated that the Veteran’s hearing loss disability prevented him from hearing their baby monitor. Moreover, the Veteran's representative specifically requested that the Veteran be sent for audiometric testing so the current severity of his left ear hearing loss disability could be identified. See November 2018 Hearing Transcript, pages 7-11. As noted above, unlike other disabilities, a diagnosis of hearing loss for VA purposes requires the Veteran meet specific criteria determined by the results of objective testing. See 38 C.F.R. § 3.385. Thus, as the claim was specifically denied based on a finding that the Veteran did not have a left ear hearing loss disability for VA purposes, and in light of the Veteran’s reports that the severity of his left ear hearing loss disability has increased since the September 2013 VA examination, the Board finds that a remand is warranted to obtain a VA audiological examination. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination.); Weggenmann v. Brown, 5 Vet. App. 281 (1993) (VA has a duty to provide an examination when there is evidence that the disability has worsened since the previous examination). The matter is REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran’s VA treatment facilities and all private treatment records from the Veteran not already associated with the file. 2. After completion of the above development, schedule the Veteran for a VA audiological examination by an appropriately qualified examiner to determine the nature and etiology of any current left ear hearing loss disability. The examiner should provide the following opinions: (a.) For any diagnosed left ear hearing loss disability, the examiner should offer an opinion as to whether it is at least as likely as not (50 percent or greater probability) that such disability is etiologically related to his period of service, to include as due to in-service noise exposure. Please explain why or why not. The examiner is advised that combat noise exposure is conceded. See December 2013 Rating Decision – Narrative. (b.) For any diagnosed left ear hearing loss disability, the examiner should offer an opinion as to whether it is at least as likely as not (50 percent or greater probability) that such disability is (i) caused or (ii) aggravated by his service-connected right ear hearing loss and/or tinnitus disability. Please explain why or why not. If aggravation is found, the examiner should identify, to the extent possible, the baseline level of disability prior to the aggravation and determine what degree of additional impairment is attributable to the Veteran’s service-connected right ear hearing loss/tinnitus disability. The examiner should review pertinent documents in the Veteran’s claims file in connection with the examination. Reasons should be provided for any opinion rendered. If the examiner is unable to provide an opinion without resort to speculation, an explanation as to why this is so should be provided and any additional evidence that would be necessary before an opinion could be rendered should be identified. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Justis, Attorney-Advisor 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.