Citation Nr: 21039712 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-46 029A DATE: July 1, 2021 REMANDED Service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1973 to July 1975 in the U.S. Army with additional service in the National Guard. This matter comes before the Board of Veterans' Appeals (Board) from a June 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. Service connection for tinnitus was granted in a November 2020 rating decision. As such, the issue has been granted in full and is no longer on appeal. In February 2020, the Veteran testified before a Veterans Law Judge (VLJ) who is no longer employed by the Board. A transcript of the hearing is of record. In March 2021, the Veteran was notified that the VLJ who conducted the February 2020 Board hearing is no longer employed by the Board and that he had a right to another Board hearing. Thereafter, the Veteran responded that he does not want another Board hearing. The Veteran contends that his bilateral hearing loss is related hazardous noise exposure during active service. Alternatively, the Veteran contends that his bilateral hearing loss is related to hazardous noise exposure during his National Guard service. The Board cannot make a fully-informed decision on the issue of entitlement to service connection for bialteral hearing loss because no VA examiner has opined whether the Veteran's bilateral hearing loss is related to noise exposure during his National Guard service. Additionally, the Board finds that the October 2020 VA examination is inadequate for adjudication purposes because the examiner did not consider the private audiological examinations of record. Accordingly, a new VA opinion should be obtained on remand. The matter is REMANDED for the following action: Obtain an addendum opinion from an appropriate physician to determine the nature and etiology of the Veteran's bilateral hearing loss. The claims file should be made available to the physician and review should be noted. If an examination is deemed necessary by the physician, one should be scheduled. The physician should opine as to whether the Veteran's bilateral hearing loss at least as likely as not (50 percent or greater probability) had its onset in service or within one year following separation from service, or is related to hazardous noise exposure during military service, to include active service and National Guard service. A discussion of the facts and medical principles involved (to include acoustic trauma and military noise exposure), including the Veteran's statements regarding onset of symptomatology and continuity of symptomatology since separation from service should be considered. The physician should also consider any other pertinent evidence of record, to include private audiological examinations, the October 2019 private opinion, buddy statements, and the Veteran's hearing testimony. A rationale for the opinion must be provided. In this regard, the physician is advised that it is not a sufficient rationale for a negative nexus opinion merely to state or assume that the Veteran's hearing was within normal limits on audiometric testing during service. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Kernen, 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.