Citation Nr: 18146241 Decision Date: 10/31/18 Archive Date: 10/30/18 DOCKET NO. 15-11 473 DATE: October 31, 2018 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus with sensorineural nerve damage is remanded. REASONS FOR REMAND The Veteran active duty service from October 1986 to August 1987 and active duty for training (ACDUTRA) from June 25, 1988 to July 8, 1988; July 8, 1989 to July 22, 1989; August 11, 1990 to August 25, 1990; and September 14, 1991 to September 21, 1991. Entitlement to service connection for bilateral hearing loss and tinnitus are remanded. The Veteran contends that his current hearing loss and tinnitus resulted from his period of ACDUTRA. Specifically, he asserts that during infantry training, he performed engine testing and was exposed to M-60 machine gun fire and explosions, which affected his hearing for days afterward. The Veteran also experienced high-pitched constant ringing in his ears. The Veteran’s DD-214 indicates he served on active duty from October 1986 to August 1987 and his military occupational specialty was aircraft mechanic. Service personnel records confirm the Veteran had ACDUTRA from June 25, 1988 to July 8, 1988; July 8, 1989 to July 22, 1989; August 11, 1990 to August 25, 1990; and September 14, 1991 to September 21, 1991, and he served as an aircraft maintenance mechanic and a combat engineer. Additionally, during the Veteran’s July 1989 period of ACDUTRA, he participated in a field exercise and was exposed to gunfire from M-16 rifles. The Board finds that the circumstances of the Veteran’s ACDUTRA are consistent with exposure to harmful noise. As such, exposure to harmful noise has been established for his periods of ACDUTRA. A June 2013 VA opinion found that the Veteran’s hearing loss was not caused by his active duty service because his hearing was normal upon separation in August 1987. The examiner further opined that the Veteran’s tinnitus was not caused by his military noise exposure because there was no evidence of tinnitus due to sensorineural nerve damage related to his active duty assignment as an aircraft mechanic. A February 2015 VA examiner found that the Veteran’s hearing loss and tinnitus were less likely than not due to his active duty service based upon service treatment records for his period of active service. As rationale, the examiner stated that hearing loss due to noise exposure occurs at the time of the exposure and not subsequently. The examiner also noted that there were no complaints or treatment for injuries that initiated the Veteran’s tinnitus during active duty, and hearing was normal upon separation from active duty. Although the Veteran’s service personnel records have been associated with the claims file, it is unclear whether the Veteran’s service treatment records are available for his active training periods during his Reserve service. Therefore, a remand is necessary in order to obtain these records and determine whether the Veteran’s claimed injury was incurred in ACDUTRA or INACDUTRA. The VA opinions of record do not address whether the Veteran’s hearing loss and tinnitus resulted from his periods of ACDUTRA and exposure to gunfire and explosions. As such, a remand is necessary for a VA examination to determine if the claimed disabilities were incurred during ACDUTRA. Additionally, the Veteran has submitted various articles suggesting that noise-induced damage to the ear has progressive consequences and that damage from noise exposure can be gradual. As the prior VA examinations did not address this medical evidence, a VA opinion is necessary. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service treatment records for all periods of Marine Corps Reserve service, to include ACDUTRA and INACDUTRA. All efforts to obtain the evidence must be documented in the claims file. If, after all procedurally appropriate actions to locate and secure the records have been exhausted, and it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile, make a formal finding to that effect. If more detailed information is needed for this research, the Veteran should be given an opportunity to provide it. 2. Schedule the Veteran for an audiological examination by an appropriate clinician to determine the nature and etiology of any bilateral hearing loss and tinnitus. (a.) The examiner must opine whether any hearing loss or tinnitus is at least as likely as not related to an in-service injury, event, or disease, including in-service exposure to harmful noise. It is noted that the Veteran had ACDUTRA from June 25, 1988 to July 8, 1988; July 8, 1989 to July 22, 1989; August 11, 1990 to August 25, 1990; and September 14, 1991 to September 21, 1991. (b.) The examiner must also opine as to whether any bilateral hearing loss and tinnitus at least as likely as not: (1) began during active service; (2) manifested within one year after discharge from service; or (3) was noted during service with continuity of the same symptomatology since service. (c.) In rendering an opinion, the examiner must address the Veteran’s established exposure to harmful noise during his periods of ACDUTRA. (d.) The examiner should specifically address the articles submitted by the Veteran regarding noise exposure and gradual hearing loss and tinnitus. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Freeman, Associate Counsel