Citation Nr: 21070296 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 18-47 043 DATE: November 23, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1975 to October 1997. This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in September 2020. A transcript of the hearing is associated with the electronic claims file. The Board notes that at his September hearing, the Veteran indicated that he was still trying to obtain service connection for tinnitus. However, that issue is not currently before the Board as on his July 2018 notice of disagreement, the Veteran only appealed the issue of service connection for hearing loss. Thus, if the Veteran still wishes to pursue his claim for service connection for tinnitus, he must file a new application for such. 1. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran was denied service connection for bilateral hearing loss because following a June 2018 VA examination, it was found that he did not have hearing loss for VA purposes. See 38 C.F.R. § 3.385. However, the Veteran subsequently provided an April 2019 private audiological examination which showed he was suffering from hearing loss for VA purposes. The Board notes that this examination seems to be conflicting with another private audiological assessment provided by the Veteran dated August 2020. Nevertheless, at his Board hearing, the Veteran testified that his hearing loss was worsening. The undersigned requested that the Veteran obtain a better rationale for the opinion provided by the April 2019 private examiner. But, to date, no such evidence has been received. As the evidence shows that the Veteran is now suffering from worsening hearing loss, remand is warranted to provide the Veteran with an updated VA examination to determine whether he now has hearing loss for VA purposes and if so, the etiology of such. The matters are REMANDED for the following action: 1. Update the electronic file with any new VA treatment records and private treatment records. 2. Schedule the Veteran for an examination to determine the nature and etiology of his current bilateral hearing loss. A copy of the Veteran's file should be provided to the examiner and a note that such was reviewed should be in the examiner's report. The examiner should provide an opinion as to whether the Veteran suffers from hearing loss for VA purposes, and if so, whether it is at least as likely as not (50 percent probability or better) that his hearing loss is etiologically related to his active military service. In formulating an opinion, the examiner should specifically consider and address: (1) the opinion provided by the June 2018 VA examiner; (2) the opinion provided by the April 2019 private examiner; and (3) the opinion provided by the August 2020 private examiner. A detailed rationale for the opinion must be provided. If the reviewing clinician is unable to offer the requested opinion, it is essential that the reviewing clinician offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, 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.