Citation Nr: 21005465 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 13-10 444 DATE: February 1, 2021 REMANDED Entitlement to service connection for right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from July 1972 to November 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in February 2016. This case was most recently before the Board in June 2020, when it was remanded for development. The case has been returned to the Board for further appellate review. Entitlement to service connection for right ear hearing loss is remanded. Unfortunately, another remand is necessary in this case. The Board previously directed the RO to obtain an opinion considering the Veteran’s report of noise exposure and ear symptoms, such as popping, that he experienced during service. However, the September 2020 VA addendum opinion only addresses threshold shifts noted when comparing audiograms in the claims file, and therefore does not fulfill the Board’s directive. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (remand by Board confers upon claimant, as a matter of law, the right to compliance with remand order). The addendum is further inadequate as it compared two post-service audiograms, in January 1981 and July 1986, to conclude that there were no significant threshold shifts between enlistment and separation from service. The examiner noted that a significant threshold shift is 15 decibels or more, but did not comment on the threshold shifts of 20, 25, and 30 decibels noted between the January 1981 and July 1986 audiograms. The Board also notes the September 2020 examiner described the July 1986 audiogram as demonstrating normal hearing. The Court has held that the threshold for normal hearing is from zero to 20 decibels, and higher threshold levels indicate some degree of hearing loss. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). By this definition, only two of the five thresholds on the July 1986 audiogram demonstrated normal hearing. For these reasons, the September 2020 VA opinion is inadequate, and a remand is necessary to obtain an opinion that accurately addresses all evidence of record. The matter is REMANDED for the following action: Forward the claims file to an appropriate clinician to determine whether the current right ear hearing loss is related to the Veteran’s military service. The examiner should be instructed that VA’s definition of normal hearing is 20 decibels or less, and higher threshold levels indicate some degree of hearing loss. The examiner should be informed there is no enlistment audiogram available in the record, and that the June 1975 separation audiogram results are printed in graph form in the Veteran’s service treatment records. Following review of the claims file, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the disability began in or is otherwise caused by the Veteran’s active service. The examiner must specifically address the April 1984 and July 1986 audiograms showing slight hearing loss in the right ear, as well as the Veteran’s December 2019 lay statement reporting his ears popping during service. The examiner should address any other pertinent evidence of record as well. All findings must be reported in detail and all opinions must be accompanied by a clear rationale. If any of the above issues cannot be resolved without resorting to speculation, then a detailed medical explanation as to why this is so must be provided. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Josey, 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.