Citation Nr: 21005989 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-35 293 DATE: February 3, 2021 REMANDED 1. Entitlement to service connection for right ear hearing loss is remand 2. Entitlement to service connection for residuals of colon cancer is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1972 to November 1973. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was before the Board in June 2019, at which time the Board denied the claim for entitlement to service connection for right ear hearing loss and remanded service connection for residuals of colon cancer. The Veteran appealed the Board’s denial to the United States Court of Appeals for Veterans Claims (Court). In July 2020, pursuant to a Joint Motion for Remand (JMR) by the parties, the Court vacated the decision that denied the right ear hearing loss claim and returned it to the Board for further consideration consistent with the JMR. 1. Entitlement to service connection for right ear hearing loss is remand. The Veteran asserts a right ear hearing loss is due to noise exposure while in service. A May 2016 VA examination report and an August 2016 private audiogram failed to show a right ear hearing loss disability for VA purposes. However, the parties to the JMR noted that an August 2015 audiogram appears to reveal a right ear hearing loss disability. In light of the JMR, the Board finds that a new examination with opinion is needed. 2. Entitlement to service connection for residuals of colon cancer is remanded The Veteran contends that his colon cancer was the result of in-service exposure to chemicals, including Agent Orange, jet fuel, or other chemicals / solvents while serving in the United States Air Force and/or Air Force Reserves. In accordance with the prior remand directives, an addendum opinion was obtained in July 2020. Nevertheless, that opinion is not fully responsive to the remand directives. Specifically, the examiner did not provide adequate rationale for his conclusions. The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following actions: 1. Schedule the Veteran for a new VA audiological examination. Following review of the claims file, the examiner should opine whether it is at least as likely as not (50 percent probability or greater) that any current right ear hearing loss disability, to include the findings on the August 2015 private audiogram, is at least as likely as not related to service. In providing the rationale for the opinion, the examiner should explain why the right ear hearing loss is or is not a delayed residual of in-service noise exposure. 2. Obtain an opinion to determine the nature and etiology of the Veteran’s colon cancer and associated residuals. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including exposure to chemicals in service, including: PD-680 solvent, JP-4 fuel, JP-5 fuel, MEK thinner, and VV-L-800 benzine solvent and possible exposure to the designated herbicide agents. In reaching that conclusion, the examiner is asked to consider exposure to the foregoing during active service, active duty for training (ACDUTRA), and inactive duty training (INACDUTRA). The examiner’s attention is called to an April 2016 letter from a former Air Force supervisor in which he described the Veteran’s duties and nature of use of chemicals. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Asare, 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.