Citation Nr: 21025080
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 18-10 597
DATE: April 27, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1965 to October 1965, to include service in the reserves. 

1. Entitlement to service connection for bilateral hearing loss is remanded.

The Board cannot make a fully-informed decision on the issue of service connection for hearing loss because the VA examination of record is considered inadequate.  Specifically, the Veteran was provided a November 2016 VA examination to determine the nature and etiology of any hearing loss. The VA examiner opined that the Veteran’s current hearing loss was less likely than not related to the Veteran’s active service, because there was no evidence of a significant threshold shift in the Veteran’s hearing acuity from entry to separation.

The Board notes that during the claims period the Veteran asserted repeatedly that he was exposed to concussive noise trauma, to include gun/rifle fire during training while in service without any ear protection.  To this end, the Board notes that the very next page of this examination report, notes a finding by the same examiner, for the Veteran’s tinnitus claim, that concedes in-service noise trauma during service.   However, such noise trauma, or any lay assertions from the Veteran regarding inservice noise, was not discussed by the VA examiner in concluding such negative nexus opinion regarding the Veteran’s hearing loss. Consequently, the Board must find that the VA examiner’s opinion is rendered inadequate and incomplete as it does not address credible lay contention of inservice incurrence, or its own conceded service noise exposure in its rationale; and, as such, the Board must seek an addendum opinion with regard to hearing loss.

The matters are REMANDED for the following action:

1.  Obtain all VA treatment medical records not already of record.

2.  After obtaining appropriate authorization, obtain any private treatment records identified by the Veteran, to include any records from any private physicians for treatment not already of record.

3.  Then, schedule the Veteran for a VA audiology examination.  The examiner must review the claims file and must note that review in the report.  The examiner is specifically asked to report on the nature and etiology of the Veteran’s hearing loss, to include a current diagnosis.  The examiner should opine as to whether any hearing loss disability is at least as likely as not (50 percent or greater probability) etiologically related to, caused by, or aggravated by service, to include any noise exposure during service or otitis media during service.  A complete rationale for any opinion expressed should be included in the examination report.  

As part of the examiner report, the examiner must speak to any noted or recorded decreases in the Veteran’s hearing in the service medical records during service.  In service noise trauma is conceded by the VA.  The examiner must reconcile all findings with previous examination results and findings.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Ziheng Zhu, 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.