Citation Nr: 21041302 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 19-17 020 DATE: July 8, 2021 REMANDED Entitlement to a compensable initial disability rating for left ear hearing loss is remanded. Entitlement to service connection for right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from May 1998 to September 1998, and from October 2004 to October 2005. The Veteran testified at a virtual hearing before the undersigned Veterans Law Judge in July 2020. A transcript of that hearing is associated with the claims file. Entitlement to a compensable initial disability rating for left ear hearing loss and entitlement to service connection for right ear hearing loss are remanded. The Veteran's claims for an increased rating for left ear hearing loss and service connection for right ear hearing loss must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. In its August 2020 remand, the Board requested that the Veteran be provided with a VA audiological examination to determine whether he had right ear hearing loss for VA purposes and to assess the current severity of his left ear hearing loss. The Veteran was afforded a VA audiological examination in February 2021. The February 2021 VA examiner reported puretone thresholds for both ears, but noted that the test results were not valid for rating purposes. The examiner explained that the puretone thresholds were not consistent with speech reception threshold testing, which "can indicate exaggeration of pure tone results." Nevertheless, the examiner opined that the Veteran had "some degree of hearing loss, which could not be determined during this evaluation." As the examiner felt there was at least some degree of hearing loss, the Board finds that the Veteran should be provided an additional opportunity to report for a VA audiological examination with the objective of obtaining valid test results and an opinion as to the etiology of his right ear hearing loss. The Veteran is reminded, however, that VA's "duty to assist in the development and adjudication of a claim is not a one-way street." Wamhoff v. Brown, 8 Vet. App. 517, 522 (1996). "If a [claimant] wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The matters are REMANDED for the following action: Provide the Veteran with a new VA audiological examination to determine the existence and etiology of his right ear hearing loss and the current severity of his left ear hearing loss. The Veteran's claims file must be made available to and reviewed by the examiner. All pertinent symptomatology and findings must be reported in detail. All indicated tests and studies, including an audiogram, must be accomplished. The findings of puretone decibel loss at 500, 1000, 2000, 3000, and 4000 Hertz, must be numerically reported, and speech recognition percentage results derived using the Maryland CNC word list. If audiometric testing reveals the existence of a right ear hearing loss disability for VA purposes, the examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent probability or more) that any diagnosed right ear hearing loss is etiologically related to the Veteran's active duty service. The examiner is advised that the Veteran is competent to report in-service and post-service observable symptomatology. In rendering the requested opinion and rationale, the examiner must note that the fact that the service treatment records do not document hearing loss is not fatal to the Veteran's claim and cannot be the only basis by which to reject a possible nexus to service. The examiner must also specifically address the effect of the Veteran's hearing loss on his occupational functioning and daily activities, and inquire as to the situations in which his hearing loss causes the greatest difficulty. The opinion must be supported by complete rationale. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Katz, 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.