Citation Nr: 21005325
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 19-22 969
DATE: February 1, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1966 to May 1986. 

In October 2020, the Board remanded the issue on appeal in order obtain a medical opinion as to whether it is at least as likely as not that the Veteran’s current bilateral hearing loss is related to his conceded in-service noise exposure based on his military occupational specialty (MOS).  The remand asked that the examiner expressly consider the following: his endorsement of hearing loss in his April 1986 retirement report of medical history; the August 2019 appellate brief’s reference to the 2005 Institute of Medicine (IOM) study finding noise levels associated with hearing loss are also likely to be associated with tinnitus (which is now service connected based on a favorable August 2018 VA audiological opinion stressing in-service noise exposure); the September 2020 Written Brief Presentation’s reference to a 2015 article in the Journal of Neuroscience showing that auditory damage can accelerate hearing loss in aging in some cases; the Veteran’s reports of minimal post-service occupational or recreational noise exposure; and the Veteran’s delayed-onset hearing loss theory.  In an October 2020 VA opinion, the examiner determined that the Veteran’s bilateral hearing loss was less likely than not incurred in or caused by the claimed in-service injury, event, or illness.  In a separate Medical Opinion DBQ from this same date, the examiner addressed all evidence identified in the October 2020 remand with the exception of the September 2020 Written Brief Presentation’s reference to a 2015 article in the Journal of Neuroscience showing that auditory damage can accelerate hearing loss in aging in some cases.  Therefore, remand is required to obtain compliance with the October 2020 remand instruction.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

Return the file to the examiner who provided the October 2020 VA opinion.  If the examiner is unavailable, return the file to another qualified examiner.  The examiner is asked to provide an addendum opinion as to whether it is at least as likely as not (probability 50 percent or greater) that the Veteran’s current bilateral hearing loss is related to his conceded in-service noise exposure based on his MOS, with express consideration of the September 2020 Written Brief’s reference to a 2015 article in the Journal of Neuroscience showing that auditory damage can accelerate hearing loss in aging in some cases.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Durham, 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.