Citation Nr: 21041128 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 17-06 233 DATE: July 8, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had active service from April 1987 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for bilateral hearing loss is remanded. The Veteran seeks service connection for bilateral hearing loss. Service treatment records indicate he had routine exposure to hazardous noise. An April 2014 VA examination shows a hearing loss disability for VA purposes in both ears. 38 C.F.R. § 3.385. Unfortunately, the VA examiner did not provide an adequate opinion addressing the etiology of the Veteran's hearing loss and whether it was due to his exposure to hazardous noise during service. Specifically, the examiner stated that his hearing loss was not related to service because the records showed normal hearing, which is an inadequate basis for the opinion. The Court of Appeals for Veterans Claims has held that 38 C.F.R. § 3.385 does not preclude service connection for a current hearing loss disability where hearing was at normal audiometric testing limits at separation. Hensley v. Brown, 5 Vet. App. 155 (1993). Accordingly, on remand, an addendum opinion must be obtained that addresses the relationship, if any, between the Veteran's bilateral hearing loss and service, to include his routine exposure to hazardous noise levels. The matter is REMANDED for the following actions: 1. Associate with the claims file VA treatment records dated since June 2021, if any. 2. Ask the April 2014 VA examiner, or another qualified clinician, to provide an opinion addressing the nature and etiology of the Veteran's bilateral hearing loss. The claims file and a copy of this remand must be made available to the examiner for review, and the examination report must reflect that such a review was accomplished. If the examiner cannot provide the requested opinion without examining the Veteran, then an examination must be scheduled. The examiner is asked to indicate whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral hearing loss is related to his military service, to include his routine exposure to hazardous noise levels. In rendering the above opinion, the examiner is advised that evidence of a current hearing loss disability and a medically sound basis for attributing that disability to service may serve as a basis for a grant of service connection for hearing loss where there is credible evidence of acoustic trauma due to significant noise exposure in service, post-service audiometric findings meeting the regulatory requirements for hearing loss disability for VA purposes, and a medically sound basis upon which to attribute the post-service findings to the injury in service. See Hensley v. Brown, 5 Vet. App. 155, 159 (1993). A complete rationale must be provided for any opinion expressed. The examiner must be notified that the basis for the opinion cannot solely rest on the lack of hearing loss shown at separation from service. 3. Then, readjudicate the Veteran's claim on appeal. If the benefits sought on appeal remain denied, provide the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. G. Alderman, 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.