Citation Nr: 21065759 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 07-27 488 DATE: October 27, 2021 REMANDED Entitlement to service connection for left ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Marine Corps Reserves from January to June 2006. He had a subsequent period of Reserve service through December 2003. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision by the Regional Office (RO) of the Department of Veterans Affairs (VA). This matter was previously before the Board in September 2020 and June 2021, when it was remanded for further development. 1. Entitlement to service connection for left ear hearing loss is remanded. The Veteran asserts service connection is warranted for left ear hearing loss due to noise exposure in service. In June 2021, the Board remanded the claim for additional development to include a new VA etiology opinion. The Board requested an opinion as to whether any currently diagnosed hearing loss was at least as likely as not (a 50 percent or greater probability) caused by service, to include in-service noise exposure. Specifically, the Board requested an opinion that addressed an audiogram completed with the Veteran's June 2001 Reserves physical suggesting shifts in audiogram results. The Board remand also noted that the April 2018 VA hearing loss examination revealed hearing loss in the left ear for VA purposes. A VA opinion was obtained in June 2021. The examiner noted that on examination in January 2021, the Veteran's hearing was within normal limits. The examiner noted that there is no significant permanent shift in hearing thresholds from entrance to separation, which is objective evidence of no permanent auditory damage on active duty and that there was also no report of decreased hearing in the claims file or at separation until the time of the claim. The examiner noted that although noise exposure is conceded and that the relationship between noise, auditory damage, and hearing loss is well documented, auditory damage and hearing loss are not conceded based on noise alone. Therefore, the examiner opined it is less likely than not that the hearing loss is due to military noise exposure or acoustic trauma. The Board finds the VA examiner's opinion is incomplete as it did not specifically consider the Veteran's June 2001 Reserves physical as requested in the Board remand and failed to address the hearing loss noted on the April 2018 VA examination report. See Stegall v. West, 11 Vet. App. 268, 271 (1998)(holding that where the remand of the Board or the Court is not complied with, the Board errs as a matter of law when it fails to ensure compliance). As such, a remand is necessary for a new VA addendum opinion. The matter is REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in their possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Following the receipt of outstanding records, return the claims file to the VA examiner who prepared the June 2021 opinion, or to another qualified VA examiner if that individual is not available, for the purpose of eliciting an addendum opinion (and examination, if found necessary) regarding the etiology of the Veteran's left ear hearing loss. The need for further in-person examination is left to the discretion of the examiner. (Continued on the next page) The examiner must opine as to whether any currently diagnosed hearing loss was at least as likely as not (a 50 percent or greater probability) caused by service, to include in-service noise exposure. The audiograms completed with the Veteran's June 2001 Reserves physical and April 2018 VA examination must be specifically considered. A full and complete rationale must be provided for any opinion reached. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. M. Donahue Boushehri, 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.