Citation Nr: 21041690 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 16-62 304 DATE: July 9, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1974 to June 1977. This matter comes before the Board of Veterans' Appeals (Board) from a November 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously remanded by the Board for additional development in January 2019 and March 2020. It has now returned for further appellate review. 1. Entitlement to service connection for bilateral hearing loss is remanded. While additional delay is unfortunate, the Board finds further development is required before the Veteran's claim can be decided. Initially, the Board notes that a remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). A review of the Veteran's service treatment records (STRs) reveal that the Veteran received medical treatment for ear infections and ear complaints while on active duty. The Board notes that in a December 2016 Form 9 the Veteran asserted that he was exposed to acoustic trauma during active service due to proximity to 5-inch guns and the engine room onboard his assigned ship. In connection with his claim for service connection for bilateral hearing loss, the Veteran received VA examinations in October 2013 and June 2019 with the same examiner. The examiner diagnosed the Veteran with bilateral hearing loss for VA purposes. However, the examiner opined that the Veteran's hearing loss was less likely than not caused by or a result of an event in service. The examiner failed to discuss the Veteran's lay statements regarding exposure to 5-inch guns and engine room noise nor the possibility of delayed onset hearing loss. The examiner also failed to address the Veteran's noted in-service ear complaints as described in the STRs. Accordingly, the Board finds the examination to be inadequate for determining entitlement to service connection for hearing loss. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination by an examiner who has not previously examined the Veteran, to address the etiology of the Veteran's claimed bilateral hearing loss. All pertinent evidence of record must be made available to and reviewed by the examiner(s). Any indicated studies should be performed. Based on a review of the evidence of record, lay statements, and examination results, the examiner should state an opinion with respect to: Whether any diagnosed bilateral hearing loss was at least as likely as not (a 50 percent probability or greater) incurred in or aggravated by the Veteran's active service, or is otherwise etiologically related to his active service. The examiner should specifically note all in-service complaints of ear infections or complications and the Veteran's lay statements regarding noise exposure. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.