Citation Nr: 21065705 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 20-19 838 DATE: October 27, 2021 REMANDED Entitlement to service connection for bilateral sensorineural hearing loss (SNHL) is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1966 to March 1968. The Board must remand both claims of entitlement to service connection for bilateral SNHL and tinnitus in order to afford the Veteran another opportunity to attend a VA audiology examination in support of the claimed disabilities. A review of the claims file reflects that he was scheduled for an VA audiological examination dated in March 2020 but did not attend that scheduled examination. The subsequent March 2020 statement of the case indicates that the Agency of Original Jurisdiction (AOJ) denied both service connection claims on the grounds that there was no evidence of record establishing that the Veteran had diagnosable bilateral SNHL or tinnitus, or that there was a nexus between either condition and service. Thereafter, the Veteran submitted his formal appeal of the denied service connection claims on VA Form 9, and asserted that he was not aware of the scheduled audiological examination because he changed addresses during the appeal period and the scheduling notification was sent to his prior address. He specifically requested that he be afforded a new VA audiological examination in support of both of his service connection claims. Subsequent correspondence dated in May 2020 provides his current address and corroborates his account that he does not reside at the address where the exam notification was posted. Ultimately, the evidence of record suggests that the Veteran was not given a sufficient opportunity to attend the scheduled examination, and as such the Board finds that VA has not complied with its duty to assist the Veteran in his appeal. The matter must be remanded to the AOJ in order to reschedule an examination to evaluate the nature and etiology of the claimed bilateral SNHL and tinnitus. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA audiological examination to evaluate the nature and etiology of his claimed bilateral hearing loss and tinnitus. The entire claims file, to include a complete copy of this REMAND, must be made available to the individual designated to examine the Veteran, and the examination report should include discussion of the Veteran's documented medical history and assertions. All necessary special studies or tests must be accomplished. The examiner is asked to first determine whether the Veteran has hearing loss in either ear pursuant to the diagnostic criteria as set out in 38 C.F.R. § 3.385. If the examiner finds that it is not possible to determine whether the Veteran has SNHL in either ear, they must state so specifically, and outline in detail the procedures they followed in order to attempt to provide a proper diagnosis to account for the Veteran's documented hearing loss symptomatology. If a SNHL disability is confirmed in either ear, the examiner must provide an opinion as to whether it is at least as likely as not (an approximate balance of positive and negative evidence) that the SNHL is related to the Veteran's active service. In setting forth this opinion, the examiner should take into consideration the Veteran's account of noise exposure while in service. The examiner must also provide an opinion as to whether it is at least as likely as not that the claimed tinnitus is related to service. The examiner must provide any and all opinions as to etiology in the form of a probability and must provide a complete rationale for any opinion expressed. 2. Provide the Veteran and his representative with notice of all examinations addressed to the current location of his home and his office, respectively, as reflected by recent correspondence indicating that the representative moved to a new office location. This notice must advise the Veteran of the consequences of failure to report under 38 C.F.R. § 3.655. Any failure to appear for an examination as well as all attempts to notify the Veteran of such examinations should be noted in the file. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christopher M. Collins, 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.