Citation Nr: 21021202 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 17-48 019 DATE: April 12, 2021 ORDER Entitlement to service connection for a right ear hearing loss disability is granted. REMANDED Entitlement to an initial compensable evaluation for a left ear hearing loss disability is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his right ear hearing loss disability is at least as likely as not related to in-service acoustic trauma. CONCLUSION OF LAW The criteria for entitlement to service connection for a right ear hearing loss disability have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Navy from June 1971 to June 1975. This matter comes to the Board from a July 2015 rating decision of a VA Regional Office (RO). In November 2020, the Veteran testified before the Board. A transcript of that hearing has been associated with the record. 1. Entitlement to service connection for a right ear hearing loss disability. The Veteran asserts that he incurred a right ear hearing loss disability in service, specifically due to acoustic trauma. Exposure to acoustic trauma is consistent with the circumstances of his service as an Aircraft Mechanic and is thus conceded. The Board concludes that the Veteran has a current disability that is related to in-service acoustic trauma. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The June 2015 VA examination report notes assessment of hearing loss in the right ear considered a disability for VA purposes. 38 C.F.R. § 3.385. The June 2015 VA examiner concluded that the left hearing loss was at least as likely as not related to acoustic trauma during service, but that the hearing loss disability of the right ear was not related thereto. The examiner reached this conclusion because their comparison of the entrance and separation audiograms showed a threshold shift in the left ear, but not in the right ear. However, the Board notes that the examiner failed to convert the entrance audiogram from ASA to ISO/ANSI standards. Saliently, the separation audiogram was done in accordance with the ISO/ANSI standard, which has been the standard of evaluation since December 1970. When the Board properly converts the entrance audiogram to the ISO/ANSI standard, it is noted that the right ear experienced a negative 5 dB threshold shift at 500 Hz. Thus, there was a negative threshold shift in the right ear from entrance to separation. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for a right ear hearing loss disability is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND 1. Entitlement to an initial compensable evaluation for a left ear hearing loss disability is remanded. Considering the grant of service connection for a right ear hearing loss disability disorder, the Board finds this issue cannot be adjudicated until the RO effectuates the grant of service connection and assigns the initial evaluation. Moreover, further development is necessary. At his November 2020 Board hearing, the Veteran testified that his hearing acuity had decreased. The Veteran is certainly competent to relate his observation of his hearing acuity. When it is asserted that the severity of a service-connected disability has increased since the most recent rating examination, an additional examination is appropriate. See Caffrey v. Brown, 6 Vet. App. 377 (1995); Green v. Derwinski, 1 Vet. App. 121 (1991). Because the Veteran’s testimony indicates worsening of his hearing loss disability, he should be afforded a new VA examination. Lastly, the Veteran testified that he had received VA audiologic treatment since his June 2015 VA examination. No such records appear in the claims file. VA is under a duty to make as many requests as are necessary to obtain records in the custody of a Federal department or agency, including service treatment records. 38 C.F.R. § 3.159(c)(2). Accordingly, a remand is necessary to attempt to obtain these records. The matters are REMANDED for the following action: 1. Obtain any of the Veteran’s VA medical records not currently associated with the claims file and associate them therewith, particularly any dated after his June 22, 2015 VA Hearing Loss and Tinnitus examination. Any negative search results should be noted in the record and communicated to the Veteran pursuant to 38 C.F.R. § 3.159(e) 2. After the development directed in paragraph 1 has been completed to the extent possible, schedule the Veteran for an audiological examination to determine the severity of his bilateral hearing loss disability. The claims file should be made available to the examiner for review in connection with the examination. All indicated tests and studies should be performed and all clinical and special test findings should be reported in detail to allow for evaluation under applicable VA rating criteria. For each ear, the examiner is asked to specifically record the decibel loss at the 1000, 2000, 3000, and 4000 Hz frequencies, and should provide results of a Maryland CNC word recognition test. The examiner should also address any functional impairment resulting from the Veteran’s hearing loss and its effects on his ordinary activities. (Continued on the next page)   Any opinions must be accompanied by a complete rationale. Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph R. Keselyak, 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.