Citation Nr: 21075545
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 18-26 702
DATE: December 20, 2021

ISSUES 

1. Entitlement to service connection for bilateral hearing loss (BHL).

2. Entitlement to service connection for hypertension (HTN).

REMANDED

Entitlement to service connection for BHL is remanded.

Entitlement to service connection for HTN is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1995 to July 2014. This case comes to the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned during a September 2021 videoconference hearing. A copy of the transcript is of record. 

In regards to the claim for service connection for BHL, the Veteran was afforded a VA examination in February 2018 in which a hearing loss disability per VA regulations was not shown. However, the Veteran testified before the undersigned in September 2021 that his BHL had worsened since this examination. As such, the Board finds that an updated VA examination is warranted to help determine if he has current bilateral hearing loss per 38 C.F.R. § 3.385.

In regards to the claim for service connection for HTN, service treatment records show a diagnosis of pre-hypertension in January 2010. VA treatment records show diagnoses of HTN. As such, the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of his HTN. McLendon v. Nicholson, 20 Vet. App. 79 (2006). 

The matters are REMANDED for the following action:

1. Schedule the Veteran for VA examination conducted by appropriate health care provider to determine the nature and etiology of his claimed HTN. The electronic claims files, to include a copy of this remand, must be made available to and be reviewed by the examiner in conjunction with the examination.  All necessary testing should be accomplished, as appropriate. The examiner should address the following: 

Opine whether it is at least as likely as not (50 percent probability or greater) that the Veteran's HTN manifested to a compensable degree within one year of separation from service?

Opine whether it is at least as likely as not (50 percent probability or greater) that any HTN diagnosed during the pendency of this appeal, had its onset in service or is otherwise etiologically related to service, to include the aforenoted diagnosed pre-hypertension in service. A full and complete rationale for all opinions expressed must be provided. 

2. Schedule the Veteran for VA examination conducted by appropriate health care provider to determine the nature and etiology of his claimed BHL. The electronic claims files, to include a copy of this remand, must be made available to and be reviewed by the examiner in conjunction with the examination.  All necessary testing should be accomplished, as appropriate. 

The examiner should address the following: Opine whether it is at least as likely as not (50 percent probability or greater) that any BHL diagnosed during the pendency of this appeal, had their onset in service or are otherwise etiologically related to service. A full and complete rationale for all opinions expressed must be provided. 

3. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claims on appeal.  If any benefit sought on appeal remains denied, furnish the Veteran and his representative with an appropriate supplemental statement of the case and afford a reasonable opportunity for response.

 

 

MICHAEL A. PAPPAS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M.K., 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.