Citation Nr: 21013536 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 17-40 861 DATE: March 9, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served in the Minnesota Army National Guard, with a period of active duty for training (ACDUTRA) from August 1962 to February 1963, and several periods of inactive duty for training (INACDUTRA) through May 1968. The Veteran passed away in March 2020. The Appellant is his widow, who has been substituted as the claimant in this matter. See 38 U.S.C. § 5121A. This matter comes before the Board of Veterans’ Appeals (Board) from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In April 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. In August 2019, the Board issued a decision that denied entitlement to service connection for bilateral hearing loss. The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (CAVC). In an October 2020 Order, pursuant to a Joint Motion for Remand (JMR) filed by the parties, the Court vacated and remanded the August 2019 decision for compliance with the instructions in the JMR. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.902(c). 1. Entitlement to service connection for bilateral hearing loss is remanded. The parties to the JMR determined the Board failed to ensure VA met its duty to assist in providing an adequate examination. Specifically, the parties determined the examiner failed to provide adequate rationale for finding Veteran did not incur hearing loss during his periods of INACDUTRA. The parties to the JMR also determined that the Board failed to adequately explain if an opinion regarding potential delayed onset hearing loss due to INACDUTRA is needed. However, it is unclear from the record whether the Veteran’s INACDUTRA with the National Guard of Minnesota was federalized service. With respect members of the Army National Guard, ACDUTRA means full-time duty under section 316, 502, 503, 505 of title 32, or the prior corresponding provisions of law. 38 U.S.C. § 101 (22)(c). INACDUTRA includes duty (other than full-time duty) performed by a member of the National Guard of any State, under 32 U.S.C.A. §§ 316, 502, 503, 504, or 505, or the prior corresponding provisions of law. 38 C.F.R. § 3.6(d)(4). On remand, such matter needs to be verified. If the Veteran’s INACDUTRA was federalized service, then an addendum medical opinion should be obtained addressing whether the Veteran’s current bilateral hearing loss is or is not a delayed response to in-service noise exposure. The matters are REMANDED for the following action: 1. Attempt to verify through official sources whether the Veteran’s periods of INACDUTRA with the National Guard of Minnesota were federalized service under 32 U.S.C.A. §§ 316, 502, 503, 504, or 505 (or the prior corresponding provisions of law if applicable). 2. If the Veteran’s INACDUTRA was federalized service, obtain an addendum opinion on the claim for service connection for hearing loss. Following review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) the Veteran’s current hearing loss is a delayed residual to conceded noise exposure during INACDUTRA. If it is not possible to state an opinion without resorting to speculation, the examiner should state such and the reasons an opinion cannot be provided should be explained. 3. If the claim remains denied, issue a supplemental statement of the case, as appropriate. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lance, 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.