Citation Nr: 21065378 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 16-37 541 DATE: October 26, 2021 REMANDED Entitlement to service connection for a bilateral hearing loss disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 to December 1980 and from February 2003 to October 2003. This matter comes before the Board of Veterans' Appeal (Board) on appeal from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). [The Veteran also initiated appeals of denials of service connection for fatigue, insomnia, a joint condition, migraine headaches, a respiratory disorder, vertigo, gastroesophageal reflux disease, gall bladder removal, hypertension, and memory loss. The record does not show that he perfected an appeal on those issues, and they have not been certified on appeal. Therefore, they are not before the Board.] In October 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. The Agency of Original Jurisdiction (AOJ) last adjudicated the issue on appeal in a July 2016 statement of the case. Since that time, additional VA treatment records have been added to the claim file. A waiver of AOJ review was not submitted for those records. As this claim is being remanded anyway, the RO will have an opportunity to consider this additional evidence in the first instance. Entitlement to service connection for a bilateral hearing loss disability is remanded. Based on the results of the August 2015 VA hearing loss examination, the Veteran does not have a bilateral hearing loss disability per VA standards. See 38 C.F.R. § 3.385. However, during his October 2021 Board hearing, he testified that his hearing acuity has worsened. Given that hearing loss is known to be a progressive disability, his competency to observe a diminution in his hearing capacity, and because the absence of a current hearing loss disability was a basis for the denial of this claim, an audiological evaluation to assess the Veteran's hearing is necessary. The matter is REMANDED for the following action: 1. Obtain, if possible, records of relevant private evaluations and treatment the Veteran has received for his bilateral hearing loss. The Veteran must assist in the matter by identifying his private healthcare providers and by submitting releases for VA to obtain any private records identified. 2. Obtain any VA treatment records not already associated with the record. 3. Then, arrange for a VA audiological examination to determine the nature and etiology of the Veteran's bilateral hearing loss disability. The record must be reviewed by the examiner in conjunction with the examination. Based on review of the record and interview and examination of the Veteran, the examiner should provide an opinion with detailed rationale that responds to the following: (a) Does the Veteran have a hearing loss disability (as defined in 38 C.F.R. § 3.385)? (b) If the answer to (a) is yes, is it at least as likely as not (50 percent or greater probability) that such is due to the Veteran's service, to include as due to conceded noise exposure? Please explain why. 4. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Matta, 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.