Citation Nr: 21031027
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 15-43 045
DATE: May 20, 2021

REMANDED

Service connection for bilateral hearing loss.

REASONS FOR REMAND

In August 2018, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file. In April 2020, the Board denied the issue. The Veteran appealed to the Veterans Claims Court. The Court Clerk granted a Joint Motion for Partial Remand (JMPR) in February 2021. The case has now been returned to the Board for further appellate action.

Pursuant to the February 2021 JMPR, the Court Clerk found that the 2013 VA examination was inadequate and that another examination must be scheduled to obtain an etiological opinion regarding the Veteran's bilateral hearing loss. Specifically, the Court Clerk noted that the new VA examination and opinion report must address the possibility of hearing loss caused by noise exposure during active duty for training (ACDUTRA). Thus, a new examination must be conducted.

The matter is REMANDED for the following actions:

1. Identify and obtain any outstanding, pertinent, VA and private treatment records and associate them with the claims file.

2. The RO should prepare a Memorandum for the file which identifies all periods of ACDUTRA.

3. Direct the claims file, including the Memorandum identifying the periods of ACDUTRA, to a clinician to assess the etiology of bilateral hearing loss. 

The clinician is asked to provide an opinion as to the following:

	whether it is at least as likely as not (50 percent probability or greater) that the Veteran's bilateral hearing loss began during, or was otherwise related to, his period of ACDUTRA. 

A thorough rationale is requested for any opinion rendered. 

4. If the clinician determines that an examination is necessary in order to provide the requested opinion, then one should be scheduled.

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Yacoub, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.