Citation Nr: 18154429
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 13-35 756
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for tinnitus is remanded.
REASON FOR REMAND
The Veteran served on active duty from August 1955 to September 1957.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, GA.  The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge on November 2016.  A transcript of the hearing is in the Veteran’s file.
This matter was previously before the Board in February 2017, at which time the Board denied the claim. The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (Court). In a May 2018 Memorandum Decision, the Court set aside the Board’s decision and remanded the appeal for re-adjudication, specifically to address the adequacy of a June 2011 and December 2015 VA examinations and provide adequate reasons and bases to support the determination.
Entitlement to service connection for tinnitus is remanded.
As indicated above, the Veteran was afforded a VA examination for tinnitus in June 2011, and for various reasons the examiner concluded he could not provide a medical opinion regarding the etiology of the Veteran’s tinnitus without resorting to speculation.  When examined in December 2015, the examiner opined that the Veteran’s tinnitus was at least as likely associated with his hearing loss.  Separately, it is noted a December 2016 statement from a VA audiologist, expressed the view the Veteran’s tinnitus is at least as likely as not caused by military noise exposure, although this opinion did not reflect consideration of all the relevant facts in the case.  To address the concerns raised in the memorandum decision, another examination/opinion will be sought.  
The matter is REMANDED for the following action:
1. Ask the Veteran to identify any additional relevant records he wishes considered regarding this appeal, which records should be sought.  
2. Schedule the Veteran for an appropriate VA examination to determine the etiology of his claimed tinnitus.
The examiner is specifically requested to opine whether it is at least as likely as not (50 percent probability or greater) caused by, or otherwise related to the Veteran’s active duty service, to include any acoustic trauma he experienced in service.  In addressing this, the examiner should attempt to address and reconcile the opinions in previous VA examinations and in any event, a clear and complete rationale should be provided for any opinions expressed.
3. After completing the above actions, the claim on appeal should be re-adjudicated based on the entirety of the evidence.  If the claim remains denied, the appellant

and his representative should be issued a supplemental statement of the case.  

 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Jaigirdar, Associate Counsel