Citation Nr: 18147167
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 14-35 418A
DATE:	November 2, 2018
REMANDED
Entitlement to service connection for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1969 to May 1971. 
1. Entitlement to service connection for bilateral hearing loss is remanded.
The Veteran was afforded a VA examination in June 2012. However, the Board finds that the VA examination is inadequate for adjudication purposes. During the examination, the examiner noted the hearing test results were not valid for rating purposes because there were significant air-bone gaps even with masking, however tympanometry showed normal ear function. Moreover, the test results for speech discrimination score (Maryland CNC word list) were also noted as “CNT [Could Not Test].” The examiner indicated that the audiometric results revealed non-organic hearing loss; however, she did not explain what that meant. 
Due to the unreliable test results, the examiner concluded that she was unable to provide an opinion on the etiology of the Veteran’s bilateral hearing loss without resort to mere speculation. The United States Court of Appeals for Veterans Claims (Court) has held that medical opinions using the “mere speculation” language, without more, generally are disfavored because they are inconclusive as to the origin of a disability. See Warren v. Brown, 6 Vet. App. 4, 6 (1993). Therefore, the Veteran should be provided a new VA examination on remand.
The matter is REMANDED for the following action:
1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claims, including any private treatment records following proper VA procedures (38 C.F.R. § 3.159(c)).
2. Afford the Veteran a VA audiology examination. The examiner must review the Veteran’s electronic records, including this Remand. If possible, the appropriate Disability Benefits Questionnaire (DBQ) should be used.
In conducting an examination, the examiner should assume that the Veteran was exposed to excessive noise during his active military service in artillery.
After conducting a thorough examination of the Veteran and performing any clinically indicated diagnostic testing, the examiner should provide an opinion regarding whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s currently diagnosed bilateral hearing loss began in service, is related to the Veteran’s in-service noise exposure, or is otherwise related to a disease, event, or injury in service.
The examiner must provide a rationale for all medical opinions provided. The absence of evidence of treatment for hearing loss in the Veteran’s service treatment records cannot, standing alone, be a sufficient rationale for providing a negative opinion. The examiner is also advised that the Veteran is competent to report noise exposure and hearing problems in service, his symptoms and history, and such reports must be specifically considered in formulating any opinions. If the examiner rejects the Veteran’s reports, the examiner should provide a reason for doing so.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Mukherjee, Associate Counsel