Citation Nr: 19154635 Decision Date: 07/15/19 Archive Date: 07/15/19 DOCKET NO. 16-59 014 DATE: July 15, 2019 REMANDED Entitlement to service connection for a bilateral hearing loss disability is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1992 to October 1994. This case comes to the Board of Veterans’ Appeals (Board) on appeal following a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Initially, the Board notes that the Veteran indicated on his VA Form 9 (substantive appeal) that he wished to have a hearing by live videoconference at a local VA office on the above-named claims. The Veteran was scheduled for a hearing in May 2019, however he did not appear. He has not explained his failure to report nor has he submitted a motion for a new hearing. His hearing request is deemed withdrawn. See 38 C.F.R. 20.704(d). Bilateral Hearing Loss The Veteran asserts that he has bilateral hearing loss and tinnitus as a result of loud noise exposure during active military service. A remand is necessary for further development. Right Ear The Veteran in this case is currently diagnosed with sensorineural hearing loss of the right ear based on his right ear speech recognition score on the July 2013 VA audiogram. With regard to etiology, the July 2013 VA examiner opined that it was less likely than not that the Veteran’s right ear hearing loss was caused by an event in military service, as there were no significant declines in hearing noted in service treatment records. However, a finding of normal hearing at separation does not preclude a finding of service connection for hearing loss disability. Therefore, a new VA examination is warranted to establish a likely etiology concerning the Veteran’s right ear hearing loss disability. Left Ear During the July 2013 VA examination, the Veteran was not diagnosed with a sensorineural hearing loss in the left ear pursuant to 38 C.F.R. § 3.385. However, inasmuch as the right ear hearing loss and tinnitus claims (discussed below) are being remanded and the last VA examination is arguably “stale,” the Board finds that the left ear hearing loss claim should also be remanded, to determine whether a hearing loss disability is now present in that ear, and if so, whether it is related to noise exposure in service. Tinnitus The Veteran is currently diagnosed with tinnitus. The July 2013 VA examiner determined that the Veteran’s tinnitus was less likely as not caused by an event in military service, but rather a symptom associated with hearing loss. The examiner’s reasoning for the unfavorable opinion was that there were no reports of tinnitus found within the Veteran’s service treatment records and no significant declines in puretone thresholds at military discharge. Again, because the opinion is based on the claimed disability in service, it is inadequate. Another opinion is therefore needed. Moreover, because the July 2013 VA examiner stated that the Veteran’s tinnitus is a symptom of hearing loss, the tinnitus and hearing loss claims are intertwined and therefore must be remanded together. Lastly, the July 2013 VA examiner noted that the Veteran was attempting to file for disability benefits with the Social Security Administration (SSA). On remand, any such records should be obtained. Accordingly, the matters are REMANDED for the following action: 1. Request directly from the SSA, complete copies of any determination on a claim for disability benefits from that agency, together with the medical records that served as the basis for any such determination. If the search yields no records, such should be noted in the file and relayed to the Veteran. 2. Ensure that all outstanding VA treatment records are associated with the claims file. 3. Then, schedule the Veteran for another VA audiology examination to determine the etiology of any current hearing loss and tinnitus. The claims file and a copy of this Remand must be made available to the examiner for review in conjunction with the examination of the Veteran. All indicated tests and studies should be performed. After a complete review of the claims file and examining the Veteran, the examiner is asked to respond to the following: (a.) Determine whether the Veteran currently has a hearing loss disability in both ears. The previous audiogram confirmed hearing loss disability only in the right ear. (b.) Provide an opinion as to whether the Veteran’s current right ear hearing loss disability, any current left ear hearing loss disability, and tinnitus are at least as likely as not (50 percent or greater probability) related to in-service noise exposure. **In doing so, address: a). the significance of the 20dB decline at 6000 Hz on May 1994 MEB audiogram; b) the Veteran’s MOS as a helicopter repairer/working on flight line; and c) any reports of continuity of symptoms since service. A complete rationale for any opinion provided is requested. (Continued on the next page)   4. Then, readjudicate the claims on appeal. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Anjanae Stringfield The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.