Citation Nr: 21008922 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 17-20 145 DATE: February 18, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from March 2001 to December 2001, February 2003 to January 2004, and June 2007 to July 2008, with additional Reserve service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. The Veteran submitted a notice of disagreement in July 2015. A statement of the case was issued in February 2017. The Veteran perfected a timely substantive appeal via VA Form 9 in March 2017. The Veteran and his representative appeared at a video conference Board hearing before the undersigned Veterans Law Judge in February 2020. A transcript of the proceeding is associated with the claims file. 1. Entitlement to service connection for bilateral hearing loss is remanded. In his March 2017 VA Form 9, the Veteran requested a new audiological evaluation. In addition to his statement describing decreased hearing capabilities, he submitted a statement from a fellow soldier in which she described witnessing the Veteran’s declining hearing following a deployment. During the February 2020 Board hearing, the Veteran asserted that his hearing had worsened since the May 2015 VA examination. Additionally, service treatment records reflect that the Veteran underwent evaluation for hearing conservation purposes in June 2007 (pre-deployment) and May 2008 (post-deployment). However, the audiological findings of the examinations are not included in the claims file. The RO should make all reasonable efforts to obtain the results of the audiological testing conducted in June 2007 and May 2008. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service treatment records, to include the results of audiological testing conducted in June 2007 and May 2008. 2. Schedule the Veteran for an audiological examination to determine the nature and etiology of the claimed bilateral hearing loss. The examiner must review the claims file. (a.) All indicated tests should be performed and all findings should be reported in detail. (b.) The examiner is asked to provide a response to the following: i. Is it at least as likely as not (i.e., 50 percent or greater probability) that any diagnosed hearing loss is etiologically related to service, to include exposure to noise such as generators, mortars, and small arms fire? The examiner must address the Veteran’s statements, including statements contained in the March 2017 VA Form 9 and his February 2020 hearing testimony and statements from C.B. dated in July 2015 and February 2020. ii. If the examiner is unable to obtain valid audiological test results, they should provide an opinion on whether a hearing loss disability is present pursuant to 38 C.F.R. § 3.385. (c.) A complete rationale must be provided for all opinions offered and the Veteran’s lay assertions regarding his medical history and current symptomatology must be considered and discussed. If an opinion cannot be offered without resort to mere speculation, the examiner must provide a full rationale as to why this is the case and identify what additional evidence (if any) would allow for a more definitive opinion. TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jamison, E. 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.