Citation Nr: 21041088
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 17-14 499
DATE: July 8, 2021

REMANDED

The service connection claim for hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 1997 to January 2001.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office in Huntington, West Virginia.

In April 2021, the Veteran and his spouse, E.C., testified at a virtual hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is of record.

However, the Board regrets further delay, as additional developments are necessary before it may render a decision on the issue on appeal.

At his April 2012 virtual hearing, the Veteran asserted that he is entitled to service connection for hearing loss due to his military occupational specialty (MOS) as an amphibious assault vehicle crew, as well as a rifle marksman, which exposed him to loud noise during his active service in the Marines.

In support of his claim, the Veteran has submitted a audiological evaluation from a private provider, Dr. R.P.B.  In this June 2017 audiological evaluation, however, it is not clear as to whether the Veteran has hearing loss, for  VA purposes, pursuant to 38 C.F.R. § 3.385.  At the very least, it appears that the Veteran has hearing loss in the left ear, for VA purposes.  However, by noting that word discrimination for the left ear was 92 percent, Dr. R.P.B. did not make it clear as to whether this word discrimination score is based on the required Maryland CNC Test.  Therefore,  a new VA examination is required to clarify and assess the presence of hearing loss, and if any, a VA opinion on the correlation between his hearing loss and his active service. 

The matters are REMANDED for the following action:

1. Schedule the Veteran for a new VA examination for his bilateral hearing loss.  The VA examiner must review the claims file and must note that review in the report.  A copy of this REMAND must be made available to the VA examiner.  The VA examiner must undertake the following:

a.	Indicate whether the Veteran has hearing loss for each ear, based on the criteria VA established for hearing loss, under 38 C.F.R. § 3.385.

b.	If the Veteran has hearing loss for one or both ears, opine whether it is at least as likely as not (more than 50 percent probability) that hearing loss was incurred in service; is the result of an in-service illness, injury, disease or event; or is otherwise related to his active service.

c.	In rendering an opinion, the VA examiner must consider the Veteran's in-service military occupational specialty (MOS) as an amphibious assault vehicle crew and a rifle marksman.  With a clear rationale, the VA examiner must explain whether the Veteran's in-service noise exposure, due to his MOS, contributed to his hearing loss.

d.	The VA examiner must also consider and explain, with a clear rationale, whether the Veteran has delayed onset hearing loss that is likely the result of his in-service noise exposure.  

e.	In rendering an opinion, the VA examiner should also consider all lay statements from the Veteran, his spouse, E.C., and any other witnesses about onset, continuity, and/or any other pertinent details about his hearing loss.

f.	A detailed explanation is requested for all opinions.  If an opinion cannot be rendered without speculation, provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be rendered.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V-N. Pratt

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.