Citation Nr: 21072543 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 17-17 278A DATE: December 3, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from June 1968 to May 1969. This matter initially came before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In a June 2020 decision, the Board denied the Veteran's claim for entitlement to a service connection for bilateral hearing loss. The Veteran appealed this decision to the U.S. Court of Appeals for Veterans Claims (the Court). In July 2021, the Court granted a Joint Motion for Remand (JMR) filed by the parties, which requested a vacatur and remand of the June 2020 decision. As explained below, the Board is remanding the claim for further development, consistent with the instructions in the July 2021 Joint Motion for Remand. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran contends that he has bilateral hearing loss because he was "subjected [to] constant and continuous small arms gunfire and explosions (acoustic trauma) during Advanced Infantry Training." See Notice of Disagreement, July 26, 2016. In July 2021, the Court granted a JMR to remand the claim for service connection for bilateral hearing loss. The JMR stated that the Board failed to provide an adequate statement of reasons or bases for its conclusion. Specifically, the JMR stated that (1) the Veteran contended that the June 2016 VA medical examination was unprofessional and not conducted in a proper manner, and (2) the June 2016 VA medical opinion did not explain why the Veteran's in-service acoustic trauma (which the Board found to be consistent with his service) was not related to his current hearing loss. In order to comply with the terms of the JMR, a new examination and medical opinion must be obtained. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his bilateral hearing loss. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is bilateral hearing loss at least as likely as not (50 percent or greater probability) that the Veteran's current hearing loss had its onset during service or within one year of service, or is otherwise related to service, including due to the Veteran's exposure to hazardous noise during Advanced Infantry Training? The examiner should not rely on the absence of complaints or diagnoses of hearing loss in the Veteran's service treatment records. A complete explanation or rationale should be provided for any opinion reached. J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Dean, 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.