Citation Nr: 21013886 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 16-58 022 DATE: March 10, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1981 to February 1982. This matter comes on appeal before the Board of Veterans’ Appeals (Board) from a January 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). By way of procedural background, this matter was previously before the Board in July 2020. A service connection claim for an eye disability was denied, and the service connection claims for bilateral hearing loss and tinnitus were remanded for further development. While on remand, the service connection claim for tinnitus was granted. As this was a full grant of the benefit sought on appeal, it is no longer before the Board. The service connection claim for bilateral hearing loss has now been returned to the Board for further appellate consideration. The Veteran testified before the undersigned VLJ in a January 2020 Board hearing. A copy of the transcript is of record and has been reviewed.   1. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran was afforded a VA audiological examination in August 2020 per the Board’s remand directive. The audiologist found the Veteran did not meet the diagnostic criteria for bilateral hearing loss at this examination, and therefore, did not provide an etiology opinion as requested by the Board. Nevertheless, service connection may be warranted if there is a disability present at any point during the claim period, even if it is not present at the most recent examination. McClain v. Nicholson, 21 Vet. App. 319 (2007). Here, the Veteran met the diagnostic criteria for bilateral hearing loss for VA purposes in a December 2015 VA audiological examination. A remand by the Board confers on the Veteran the right to compliance with its remand orders. See Stegall v. West, 11 Vet. App. 268 (1998). The August 2020 VA examiner should have provided an etiology opinion as directed by the Board. On remand, an addendum opinion should be obtained as to the etiology of the bilateral hearing loss diagnosed during the appellate period. The matters are REMANDED for the following action: 1. Obtain any outstanding pertinent VA treatment records and associate them with the claims file. 2. Obtain an addendum opinion from an appropriate clinician as to the nature and etiology of the bilateral hearing loss diagnosed during the appellate period. After a complete review of the claims file, provide an opinion as to whether any bilateral hearing loss disability diagnosed during the appeal period (see December 2015 VA audiogram) had its onset during or is otherwise related to service, to include (1) the Veteran’s MOS; (2) exposure to hazardous noise when firing M16 rifles, M60/50 Caliber machine guns, and C4 explosives with detonation chords while demolishing bridges; and (3) being too close to a claymore mine explosion during bootcamp. See February 2016 statement and January 2020 hearing transcript. *A complete rationale for each conclusion must be provided. 3. Readjudicate the claim on appeal. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Harper, 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.