Citation Nr: 21014950 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 15-41 190 DATE: March 16, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served honorably in the Army from September 1980 to September 1983. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Denver, Colorado. In January 2017 the Veteran presented testimony at a video hearing before the undersigned Veterans Law Judge. Service Connection Remand is required for an addendum opinion. The Board is obligated by law to ensure that the RO complies with its directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance. Stegall, 11 Vet. App. at 271. The requirement that a current disability be present is satisfied when a claimant has a disability at any point during the pendency of that claim even if the disability resolves prior to the adjudication of the claim. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The Board remanded the issue in October 2020. The RO was instructed to obtain an opinion. The RO obtained a November 2020 VA examination. The examiner determined hearing was normal bilaterally. The examiner failed to provide an opinion and stated bilateral hearing was within normal limits. The examiner did note the 2013 VA audiogram that found hearing loss, but found it was not accurate because the Veteran did not remember having that testing done. But the diagnosis from the 2013 examination is during the period on appeal and cannot be ignored. Accordingly, remand is required for a VA opinion. The matters are REMANDED for the following action: Obtain an addendum opinion regarding the etiology of the bilateral hearing loss from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. If an examination is deemed necessary, it shall be provided. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the bilateral hearing loss had onset in, or is otherwise related to, active service. The examiner must address the following: 1) the Veteran’s STRs; 2) the Veteran’s Board hearing testimony, to include his statements regarding difficulty hearing after noise exposure in service; and 4) prior July 2013 VA examination that diagnosed bilateral sensorineural hearing loss. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Bruton, 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.