Citation Nr: 18157696
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 15-00 283A
DATE:	December 14, 2018
REMANDED
Entitlement to service connection for bilateral hearing loss is remanded.
Entitlement to service connection for tinnitus is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1986 to April 1988.  
1. Entitlement to service connection for a bilateral hearing loss disability is remanded.
The Veteran contends that bilateral hearing loss is related to service.  At a March 2012 VA examination, the Veteran reported in-service noise exposure from artillery.  The examiner found hearing within normal limits.  At the time of the examination, the audiogram indicated the Veteran did not have hearing loss for VA purposes.  
At a July 2018 hearing, the Veteran reported in-service noise exposure and the onset of hearing loss in service.  The Veteran testified that his hearing had progressively worsened since service, and since the last VA examination.  While, generally, the mere passage of time is not a sufficient basis for a new examination, further allegations of a worsening condition have been set forth by the Veteran since the prior examination.  Palczewski v. Nicholson, 21 Vet. App. 174 (2007). 
Therefore, the Board finds a remand is necessary to obtain a current VA audiological examination to determine whether a hearing loss disability is shown.
2. Entitlement to service connection for tinnitus is remanded.
Regarding the claim for tinnitus, the Veteran has testified that tinnitus began in service and continues to the present.  The March 2012 VA examiner opined that tinnitus was less likely than not caused by or related to military noise exposure because the service medical records were silent for complaints of tinnitus.  Further, the examiner stated that the Veteran’s hearing was within normal limits, and tinnitus was rarely caused by noise without causing hearing loss.  The Board finds that the rationale provided by the VA examiner is inadequate because it did not consider the Veteran’s lay testimony regarding the onset and continuity of tinnitus symptomology.  Further, in light of the Board’s remand for the claim of hearing loss, the Board finds that the claim for tinnitus should also be remanded to obtain an opinion that considers all of the evidence of record.   
The matter is REMANDED for the following action:
1. Obtain any VA or private medical records of treatment that are not already of record and associate them with the claims file.
2. Schedule the Veteran for a VA audiology examination to determine the nature and etiology of any hearing loss or tinnitus disability.  The examiner must review the claims file and should note that review in the report.  Any indicated tests should be accomplished.  The examiner should obtain the Veteran’s auditory thresholds at frequencies of 500, 1000, 2000, 3000, and 4000 Hertz, and speech recognition scores using the Maryland CNC test.  The examiner should opine as to whether it is at least as likely not (50 percent or greater probability) that any current hearing loss or tinnitus disability in either ear had its clinical onset during service, within one year of service, or is related to any in-service disease, event, or injury.  A rationale for any opinion expressed should be provided.  The examiner should specifically address the September 2018 private opinion relating the Veteran’s hearing loss and tinnitus to service, and lay statements from the Veteran regarding the onset and continuity of symptomology.  The examiner should note that the failure to meet the criteria for hearing loss at the time of separation from active service is not necessarily a bar to service connection for a hearing loss disability.  38 C.F.R. § 3.303 (2017); Heuer v. Brown, 7 Vet. App. 379 (1995).  

 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	H. Ahmad, Associate Counsel