Citation Nr: 21020875 Decision Date: 04/08/21 Archive Date: 04/08/21 DOCKET NO. 18-14 531 DATE: April 8, 2021 REMANDED The claim of entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had active service from August 1967 to September 1970. This matter comes before the Board of Veterans’ Appeals (Board) from a September 2014 rating decision by the Agency of Original Jurisdiction (AOJ). A Board hearing was held in March 2021. A transcript is of record. The Veteran maintains that his current hearing loss is related to noise exposure during service. During his March 2021 hearing, he described his service as a missile crewman, and noted that he was also exposed to noise on the rifle range. On VA examination in August 2014, the diagnosis was bilateral sensorineural hearing loss. The examiner concluded that, as the Veteran’s hearing was normal on examination in January 1970 and July 1970, and that therefore his hearing loss had to begin following separation from service. Historically, the Board has considered audiometric results based on the approach that prior to November 1967, audiometric results were consistent with standards set forth by the American Standards Association (ASA), and that since November 1, 1967, those standards were set by the International Standards Organization (ISO)-American National Standards Institute (ANSI). However, because the conversion date of November 1, 1967 may not have been consistent among the service branches, the Board’s current policy where the standard used is not clearly indicated is to consider data under both standards where an audiogram is conducted between January 1, 1967 and December 31, 1970. Here, the Veteran’s service treatment records do not clearly indicate which standard was used when he was examined at service entrance and separation. As the August 2014 VA examiner did not state whether she considered the data contained in the service records under both standards, the Board concludes that an additional examination is necessary. For purposes of considering the data contained in the service treatment records, the following values should be considered. Enlistment examination conducted in June 1967: HERTZ 500 1000 2000 3000 4000 RIGHT ASA 5 ISO-ANSI 20 ASA 0 ISO-ANSI 10 ASA 0 ISO-ANSI 10 Not tested ASA 0 ISO-ANSI 5 LEFT ASA 5 ISO-ANSI 20 ASA 0 ISO-ANSI 10 ASA 0 ISO-ANSI 10 Not tested ASA 0 ISO-ANSI 5 Audiometric evaluation conducted in January 1970 revealed the following: HERTZ 500 1000 2000 3000 4000 RIGHT ASA 5 ISO-ANSI 20 ASA 0 ISO-ANSI 10 ASA 15 ISO-ANSI 25 Not tested ASA 0 ISO-ANSI 5 LEFT ASA 5 ISO-ANSI 20 ASA 0 ISO-ANSI 10 ASA 10 ISO-ANSI 20 Not tested ASA 10 ISO-ANSI 15 Audiometric testing conducted in July 1970 revealed the following: HERTZ 500 1000 2000 3000 4000 RIGHT ASA 10 ISO-ANSI 25 ASA 15 ISO-ANSI 25 ASA 20 ISO-ANSI 30 Not tested ASA 15 ISO-ANSI 20 LEFT ASA 10 ISO-ANSI 25 ASA 15 ISO-ANSI 25 ASA 15 ISO-ANSI 25 Not tested ASA 15 ISO-ANSI 20 On remand, outstanding VA treatment records the Veteran identified at his Board hearing should also be obtained, including from VA facilities in Birmingham and Huntsville, Alabama and Port Charlotte and Melbourne, Florida The matter is REMANDED for the following action: 1. Obtain any updated and outstanding relevant private and/or VA medical records, including from VA facilities in Birmingham and Huntsville, Alabama and Port Charlotte and Melbourne, Florida. All obtained records should be associated with the claims file. 2. Thereafter, schedule the Veteran for an examination to determine the nature and etiology of his bilateral hearing loss. The evidentiary record, including a copy of this remand, must be made available to and reviewed by the examiner. The examination report must include a notation that this record review took place. The examiner is advised that, as the record is unclear regarding which standard was used for audiological testing during service, he or she must consider the data recorded during service under both standards. After the record review and examination of the Veteran, the examiner should provide an opinion regarding whether it is at least as likely as not that the Veteran’s bilateral hearing loss was incurred in or is otherwise related to active service, to include noise exposure therein. In rendering this opinion, the examiner is advised that the Veteran is competent to report his symptoms and history. Such reports must be acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran’s reports, he or she must provide an explanation for such rejection. The examiner is not to improperly discount the Veteran’s lay statements or mistakenly rely on an absence of medical evidence in the record to support his or her conclusions. The complete rationale for all opinions should be set forth, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If an opinion cannot be provided without resorting to mere speculation, the examiner must provide a complete explanation for why an opinion cannot be rendered. In so doing, the examiner must explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. 2. Then, readjudicate the Veteran’s claim. If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) and afforded an appropriate period within which to respond thereto. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Barone, 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.