Citation Nr: 18160791
Decision Date: 12/28/18	Archive Date: 12/27/18

DOCKET NO. 17-01 712
DATE:	December 28, 2018
ORDER
Service connection for tinnitus is granted.
REMANDED
Service connection for bilateral hearing loss is remanded.
FINDINGS OF FACT
1. The Veteran has a diagnosis of tinnitus. See March 2016 VA examination. In December 2016 he provided a competent and credible statement that the ringing in his ears began in service while working as an ammunition technician with an artillery battery. He stated the ringing has continued since service.
2. The Board notes that although the 2016 VA examiner provided a negative nexus opinion, the examiner did not consider the Veteran’s statements regarding the onset of his symptoms during service. Therefore, the Board finds this opinion inadequate and not probative evidence in this case.

CONCLUSION OF LAW
The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1131, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran served on active duty from March 1983 to March 1987. 
For the reasons outlined above, service connection for tinnitus is warranted.
REASONS FOR REMAND
1. Service connection for bilateral hearing loss is remanded.
The March 2016 VA examiner concluded the Veteran’s bilateral hearing loss was not related to service because any threshold shift in hearing between his entrance and separation examinations was within normal limits. The examiner did not address why noise exposure in service could not have caused a delayed onset of hearing loss. Thus, the examination is inadequate and a new one must be obtained.
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA audiological examination to determine the cause of his established bilateral hearing loss disability. The examiner must review the claims file and elicit from the Veteran a complete history of hearing loss symptoms, to include the approximate date of onset. The examiner should consider in-service acoustic trauma established.
Please answer the following questions based on (1) a review of the claims file, (2) interview and examination of the Veteran, and (3) any needed diagnostic testing. 
(a) Is it at least as likely as not (a 50 percent or better probability) that the Veteran’s hearing loss is attributable to any incident of active service to include established in-service acoustic trauma? 
The examiner is reminded that, by law, normal audiometric tests upon discharge are not automatically detrimental to a hearing loss claim.

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A detailed rationale with citation to supporting medical literature, if appropriate, is requested. If the opinion cannot be provided without resort to speculation, the examiner should state this AND must explain WHY this is true (including whether an opinion is beyond what any medical practitioner could provide, based on the evidence of record and current medical knowledge).

 
VICTORIA MOSHIASHWILI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. D’Allaird, Associate Counsel