Citation Nr: 21031436
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 18-28 484
DATE: May 21, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Board remanded the case in February 2021 for the Veteran to receive a new VA opinion.  The examiner was specifically instructed to address the Veteran's reports of in-service mortar attack and going to the firing range without hearing protections.  The February 2021 examiner did not consider the Veteran's lay statements in providing her negative nexus opinion.  She noted that the Veteran's hearing was normal at discharge and that he stated his hearing loss started 10 years after service.  An addendum opinion is necessary that fully considers his lay statements.

Additionally, the Board notes that at his Board hearing, the Veteran testified that the main issue with his hearing is tinnitus.  Thus, the Board finds that the examiner should also consider if his bilateral hearing loss is caused or aggravated by his service connected tinnitus.  

The matters are REMANDED for the following action:

1. Provide the Veteran's claims file to an appropriate clinician so a supplemental opinion may be provided for his hearing loss.  The entire claims file and a copy of this remand must be made available to the clinician for review.  A new physical or telehealth examination is only required if deemed necessary by the clinician. 

The clinician must opine as to the following:

a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral hearing loss began during active service or is related to an incident of service, including his reports of in service mortar attack and going to the firing range without hearing protection.  

b.) Whether it is at least as likely as not that the Veteran's bilateral hearing loss was proximately due to or the result of his service connected tinnitus. 

c.) Whether it is at least as likely as not that the Veteran's bilateral hearing loss was aggravated beyond its natural progression by his service-connected tinnitus. 

The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report.  If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion.

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2. Then, readjudicate the claim.  If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Brunot, 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.