Citation Nr: 21064125 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 19-24 340 DATE: October 19, 2021 REMANDED The claim for service connection for left ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1976 to August 1979. The Department of Veterans Affairs (VA) is grateful for his service. The claim for service connection for left ear hearing loss is remanded. In February 2020, the Board of Veterans' Appeals (Board) reopened but denied the Veteran's claim for service connection for left ear hearing loss. The Veteran appealed that denial to the United States Court of Appeals for Veterans Claims (Court), and by a December 2020 Order the Court approved a Joint Motion for Partial Remand (Joint Motion), vacating the portion of the Board's decision which denied service connection and remanding the case for action consistent with the Joint Motion. In April 2021, the Board remanded the claim for an addendum opinion in compliance with the Joint Motion. An addendum VA examination and opinion were obtained in July 2021. The examiner provided an opinion against a nexus between in-service noise exposure and left ear hearing loss present during the claim period. However, the rationale provided to support the opinion failed to consider the Veteran's self-reported history of disability and failed to address a favorable May 2010 medical opinion. The rationale also did not explicitly address the possibility of delayed-onset hearing loss. Moreover, the examiner determined that there was not a current hearing loss disability. In this regard, the requirement of a current disability is "satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim." McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In this case, a March 2018 examination report showed left ear hearing loss and therefore satisfies the current disability requirement. Accordingly, an additional addendum opinion is required. The matter is REMANDED for the following actions: 1. Return the claims file to the July 2021 VA examiner who provided an addendum examination addressing the Veteran's left ear hearing loss. The examiner must again review the claims file, including the favorable May 2010 medical opinion and the Veteran's statements supporting left ear hearing loss being related to service. The examiner should be informed that the July 2021 nexus opinion provided is inadequate because the supporting rationale failed to consider the Veteran's self-reported history of disability, failed to address the May 2010 favorable medical opinion, and failed to explicitly consider the possibility of delayed-onset hearing loss. The examiner should seek an adequate history from the Veteran if one has not already been obtained, and any additional necessary tests or studies should be conducted. The examiner should provide an opinion addressing whether it is at least as likely as not (50 percent or greater probability) that the Veteran's left ear hearing loss during the appeal period either developed in service and/or is causally related to service. The requirement of a current disability is "satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of that claim." McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In this case, a March 2018 examination report showed left ear hearing loss and therefore satisfies the current disability requirement. A complete rationale must be provided explaining the opinion supported by evidence and medical knowledge. Again, the rationale must consider the Veteran's self-reported history and must also address the May 2010 favorable medical opinion and the possibility of delayed-onset hearing loss. 2. Readjudicate the claim. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Schechter 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.