Citation Nr: 21070189
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-50 739
DATE: November 23, 2021

REMANDED

Entitlement to service connection for right ear hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1970 to January 1972.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a           January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The claim was first before the Board in April 2019, at which time it was remanded for further development. 

Entitlement to service connection for right ear hearing loss is remanded.

The Veteran contends that he has right ear hearing loss that was caused by a severe right ear infection in 1970 during his active service. He reports that he was told at the time that the infection had caused heavy scarring of his right eardrum. The Veteran notes that he has had right ear hearing loss since the infection and that no other members of his family have hearing loss.

A VA audiology examination in January 2015 indicated right ear pure tone thresholds of 20, 15, 30, 30, 30 decibels at 500, 1000, 2000, 3000, and 4000 Hertz, respectively. The Veteran's speech discrimination score was 100 percent in the right ear. These audiometric findings meet the criteria to establish a hearing loss disability in the right ear; however, the examiner opined that the hearing loss was not caused by or the result of an event during the Veteran's service. The examiner noted that during service the Veteran suffered from a middle ear infection in the right ear "which caused a transient shift in hearing which is not a permanent condition."

As noted in the Board's April 2019 remand decision, the January 2015 examiner did not address whether the Veteran had tympanic membrane scarring from the 1970 infection and also did not address the physical profile rating of "2" for hearing on the Veteran's separation examination, a rating indicating a condition or defect that may limit some activities.

Following the Board's 2019 remand, the Veteran underwent a new VA audiology examination in November 2019. However, the examiner did not provide an opinion that considered the Veteran's 1970 ear infection.

Accordingly, another remand is necessary in order for the Board to make a fully-informed decision on the issue of service connection.  

The matter is REMANDED for the following action:

1. Obtain an addendum medical opinion on the claim for service connection. If a new examination is deemed necessary to respond to the questions presented, one should be scheduled. After review of the claims file,       the examiner should opine:

Whether it is as likely as not (i.e., probability of 50 percent or greater) that the Veteran's right ear hearing loss was caused by or is otherwise related to the Veteran's 1970 middle ear infection.  The examiner should specifically address:

(a) the Veteran's report that in 1970 his doctor told him that the infection had caused heavy scarring of his right eardrum;

(b) the physical profile rating of "2" for hearing on the Veteran's separation examination;

(c) the notation on the Veteran's separation examination of "documented hearing loss  previously due to recurrent otitis media." 

2. If the claim remands denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, 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.