Citation Nr: 21006662 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 16-45 430 DATE: February 4, 2021 REMANDED Entitlement to service connection for a left ear hearing loss disability is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1950 to September 1954. In October 2019, the Board issued a decision denying entitlement to left ear hearing loss. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). By an August 2020 Order, the Court, pursuant to a Joint Motion for Remand (JMR), vacated the Board's October 2019 decision and remanded the case for action consistent with the JMR. The JMR indicated clarification of the October 2012 VA medical opinion should be obtained. In this regard, it is observed the Veteran is service connected for sensorineural hearing loss in the right ear, and he contends his left ear hearing loss should be service connected. He acknowledges a post service 2001 left ear surgery that would produce hearing loss, but he maintains he had hearing loss in that ear prior to his 2001 surgery. The 2012 examiner diagnosed the Veteran to have right ear sensorineural hearing loss; mixed hearing loss in the left ear; and linked sensorineural hearing loss to service. A clarifying opinion should be sought to ascertain whether current hearing loss may be considered to have been incurred in service, as set out below. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether it is at least as likely as not the Veteran’s current left ear hearing loss was incurred in service, including whether it was the result of in-service acoustic trauma from exposure to naval gunfire. In addressing this, the reviewer is asked to specifically discuss the impact of the Veteran’s 2001 left ear surgery on his current hearing loss disability, and the extent to which it may account for his current disability. In doing so, the reviewer should define mixed hearing loss; acknowledge the Veteran’s reports of left ear diminished hearing acuity for decades prior to the 2001 surgery, and address whether the Veteran’s current left ear hearing loss disability is a combination of hearing loss incurred in service, and hearing loss resulting from his 2001 surgery. If such a combination is present, it is requested that the percentage of current disability associated with in-service acoustic trauma be identified, if possible, or if that is not possible, the predominate cause of the Veteran’s current left ear hearing acuity deficit should be identified, if possible. If it is not possible to identify the predominate cause of the Veteran’s current left ear hearing loss, the examiner should indicate whether it is at least as likely as not, that in-service acoustic trauma caused the Veteran’s current hearing acuity deficit. If it is necessary to examine the Veteran to obtain the requested opinions, that should be arranged. All opinions should be accompanied by a clear rationale. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. M. E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Jaigirdar, 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.