Citation Nr: 21029641 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 09-01 893 DATE: May 14, 2021 REMANDED Entitlement to service connection for a right ear hearing loss disability is remanded. REASONS FOR REMAND Having reviewed the record, the Board finds remand is warranted. First, remand is warranted so that the Veteran's representative may be provided a copy of the November 2020 supplemental statement of the case (SSOC). A review of the record indicates that the November 2020 SSOC was not provided to the correct representative. Additionally, updated VA treatment records were added to the record after issuance of the November 2020 SSOC. Accordingly, on remand, the AOJ should provide a copy of the November 2020 SSOC to the Veteran's correct representative and review the updated VA treatment records in the first instance. Additionally, remand is warranted for an addendum opinion. Though the Veteran was afforded an examination in November 2020, remand is warranted for substantial compliance with July 2020 remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). First, the November 2020 VA examination did not provide an opinion on whether right ear hearing loss began during active service, manifested within one year after discharge from service, or was noted during service with continuity of the same symptomatology since service. Additionally, the examination does not expressly address (1) the Veteran's documented history and assertions that his current hearing loss is related to an in-service July 1972 complaint of sound in the ears or (2) the positive medical literature cited in a June 2019 appellate brief. Further, the Board notes that there are inconsistencies in the November 2020 opinion. The examiner states that there was both lack of evidence of noise during service and a high probability of hazardous noise exposure during service. For these reasons, remand is warranted to obtain an addendum opinion on the etiology of the Veteran's right ear hearing loss disability. On remand, the examiner or an appropriate clinician, should provide an opinion on whether right ear hearing loss began during active service, manifested within one year after discharge from service, or was noted during service with continuity of the same symptomatology since service. In doing so, the examiner must address the Veteran's documented history and assertions that his current hearing loss is related to an in-service July 1972 complaint of sound in the ears and the positive medical literature relating to delayed-onset hearing loss cited in a June 2019 appellate brief. Finally, the examiner is advised that in-service noise exposure has previously been conceded based on the high probability of noise exposure associated with his military occupational specialty. Finally, any outstanding VA treatment records from March 2021 should be obtained and associated with the record. The matter is REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from March 2021 to present. 2. Provide a copy of the November 2020 SSOC to the Veteran's correct representative, The American Legion. 3. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's right ear hearing loss disability at least as likely as not (1) began during active service, (2) manifested within one year after discharge from service, (3) was noted during service with continuity of the same symptomatology since service, and/or (4) is otherwise related to active service. The examiner must address (a) the Veteran's documented history and assertions that his current hearing loss is related to an in-service July 1972 complaint of sound in the ears and (b) the positive medical literature relating to delayed-onset hearing loss cited in a June 2019 appellate brief. The examiner is advised that in-service noise exposure is conceded based on the Veteran's military occupational specialty. 4. Review all relevant evidence that has been associated with the claims file since the issuance of the November 2020 SSOC, including updated VA treatment records. Thereafter, readjudicate the Veteran's claim. If not granted in full, issue an SSOC. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Vang, Stephanie 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.