Citation Nr: 21061962 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-29 798 DATE: October 5, 2021 REMANDED Entitlement to service connection for right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty as a rotary wing pilot in the United States Marine Corps from March 1969 until his honorable discharge in June 1980. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2014 rating decision of the Regional Office of the Department of Veterans Affairs (VA). In October 2019, the Veteran testified before the undersigned at a hearing via videoconference. A transcript of his testimony has been associated with the claims file. In April 2021, the Board remanded the case to the Regional Office for further development. Specifically, the Board directed the Regional Office to obtain outstanding treatment records. Entitlement to service connection for right ear hearing loss. For VA purposes, impaired hearing will be considered a disability when the auditory threshold for any of the frequencies of 500, 1000, 2000, 3000 and 4000 Hertz is 40 decibels or greater; the auditory thresholds for at least three of these frequencies are 26 decibels or greater; or speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. For certain chronic diseases, including sensorineural hearing loss, a presumption of service connection arises if the disease is manifested to a degree of 10 percent within one year following discharge from service. 38 C.F.R. §§ 3.307 (a)(3), 3.309(a). For those listed chronic diseases, a showing of continuity of symptoms affords an alternative route to service connection when the requirements for application of the presumption are not met. 38 C.F.R. § 3.303 (b); Walker v. Shinseki, 708 F. 3d 1331 (Fed. Cir. 2013). The Veteran asserts that he developed hearing loss in his right ear due to service. The Veteran's right ear puretone thresholds in decibels and Maryland CNC score from the September 2014 VA examination did not meet the hearing loss requirements in 38 C.F.R. § 3.385. However, an examination was conducted in November 2019 when the Veteran reported a decline in his hearing. The audiologist reported "normal [right] ear hearing acuity to 2[000] with moderate SNHL 3[000 to ]8[000]." Word recognition score was 100 percent, but the type of test conducted was not specified. Due to the evidence that the Veteran may have hearing loss for VA purposes in his right ear and the lack of specificity regarding the most recent audiology exam, his claim is remanded for a new VA examination. The matters are REMANDED for the following action: 1. Obtain a new VA examination for the Veteran's right ear hearing loss. The entire claims file, including this remand, must be made available to and be reviewed by the examiner. The examiner should review the file, paying attention to the September 2014 VA examination and the November 2019 VA audiology treatment notes. The examiner should address the following: (a.) Determine whether the Veteran has hearing loss, for VA purposes. (b.) If so, opine whether it is it at least as likely as not (i.e., a likelihood of 50 percent or greater) that the Veteran's right ear hearing loss is related to in-service noise exposure, to include noise exposure related to his military occupational specialty as a rotary wing pilot. In rendering an opinion, consider the Veteran's lay statements about onset and symptomatology, including his contentions about exposure to significant noise during his active service. The examination should be conducted without the use of hearing aids and should include the Maryland CNC and Puretone Threshold tests. 2. After, readjudicate the claim. If the benefit sought on appeal remains denied, furnish the Veteran with a supplemental statement of the case (SSOC) and provide him with an appropriate opportunity to respond. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. A. Johnston, 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.