Citation Nr: 22014176 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 18-20 619 DATE: March 11, 2022 REMANDED Entitlement to service connection for a bilateral hearing loss disability is remanded. REASONS FOR REMAND The Veteran had active duty for training (ACDUTRA) in the Army National Guard from July1966 to November 1966 and in August 1967, and active military service from May 1968 to September 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the Veteran cancelled his Board hearing scheduled for January 10, 2022, and hence, it is deemed withdrawn. The Veteran has contended that his bilateral hearing loss disability is related to his in-service noise exposure. VA has conceded that the Veteran sustained acoustic trauma as a light weapons infantryman. The Board notes that during the Veteran's period of ACDUTRA, his enlistment and separation hearing acuity were tested by a whisper voice test, which has been determined to be an unreliable testing format. For the Veteran's last period of active military service, a May 1968 enlistment audiogram revealed that the Veteran had a bilateral hearing loss disability for VA purposes at entrance. 38 C.F.R. § 3.385 (2020). In December 2017, the Veteran was afforded a VA audiological examination. However, the examiner could not test due to the unreliability of the test results. For this reason, the VA examination is inadequate, and remand is necessary to determine the nature and etiology of any currently present bilateral hearing loss disability. The matter is REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any currently present bilateral hearing loss disability. The claims file must be made available to and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and the review of the record, the examiner should state whether a bilateral hearing loss disability clearly and unmistakably existed prior to the Veteran's period of ACDUTRA or last period of active military service. In responding to that question, the examiner is advised that "clear and unmistakable" means that the conclusion is undebatable, unconditional, and unqualified, and cannot be misinterpreted or misunderstood. Additionally, the Veteran's lay statements alone are not sufficient upon which to support a finding that a disability clearly and unmistakably preexisted service. If the Veteran's bilateral hearing loss disability clearly and unmistakably existed prior to the Veteran's period of ACDUTRA or last period of active military service, the examiner should provide an opinion as to whether his bilateral hearing loss disability was clearly and unmistakably NOT aggravated by hazardous noise exposure during his period of ACDUTRA or last period of active military service. 3. If the Veteran's bilateral hearing loss disability did NOT clearly and unmistakably exist prior to the Veteran's period of ACDUTRA or last period of active military service, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that his bilateral hearing loss disability is etiologically related to hazardous noise exposure during his period of ACDUTRA or last period of active military service. The rationale for all opinions expressed must be provided. 4. Confirm that VA examination report and all medical opinions provided comport with this remand and undertake any other development determined to be warranted. (Continued on the next page) 5. Then, readjudicate the appeal. If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Ware, 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.