Citation Nr: 21009061
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 14-12 128
DATE: February 18, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1975 to July 1986.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was remanded by the Board in October 2018 and September 2020.

Entitlement to service connection for bilateral hearing loss is remanded.

In the September 2020 Remand, the Board directed that an addendum opinion be procured regarding the etiology of the Veteran’s bilateral hearing loss.  In doing so, the Board directed that the VA examiner must address, among others, the Veteran’s March 2013 contention that he was provided inadequate hearing protection in service and the May 2012 VA examiner’s opinion the Veteran’s hearing loss is consistent with a metabolic etiology. 

The Veteran was afforded a VA examination in October 2020.  The opinion and rationale reflects consideration of the threshold shift noted in service and the Veteran’s November 2011 contention that he had intensified hearing loss at discharge.  Unfortunately, the examiner did not address the other two aspects identified by the remand in the rationale.  This includes the Veteran’s contention that he was provided inadequate hearing protection in service and the May 2012 VA examiner’s finding the Veteran’s hearing loss is consistent with a metabolic etiology  Thus, there has not been substantial compliance with the Board’s directives and an addendum is required.  See Stegall v. West, 11 Vet. App. 268 (1998). 

Moreover, there appears to be relevant records which are outstanding.  At the October 2020 examination, the Veteran reported that he had post-service occupational noise exposure when he worked as a mechanic and was given annual hearing tests.  At the August 2019 VA examination, the Veteran reported he began working as a mechanic in 1987 (the year after service).  As such, the records of annual hearing tests may be relevant to the claim.  On remand, the RO should attempt to obtain records pertaining to the Veteran’s annual hearing tests from his prior employer(s).

The matters are REMANDED for the following action:

1. Ask the Veteran to submit any records concerning his annual hearing tests from his post-service work as a mechanic and to supply appropriate releases to permit VA to secure these records if required.  Make two requests for the authorized records from, unless it is clear after the first request that a second request would be futile.

2. Obtain an addendum opinion from an appropriate clinician the etiology of the Veteran’s bilateral hearing loss. The examiner is asked to opine whether the Veteran’s hearing loss is at least as likely as not related to the conceded exposure to noise while on active duty.

In doing so, the examiner must address the following:

a)	the Veteran’s contention that he was provided inadequate hearing protection during service; and 

b)	the May 2012 VA examiner’s conclusion that the Veteran’s hearing loss is consistent with a metabolic etiology.

A complete rationale for the requested opinion, which reflects consideration and discussion of a) and b), should be provided.  

 

D. JOHNSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Vuong, 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.