Citation Nr: 20003065
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 19-25 021
DATE: January 14, 2020

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 February 1961 to July 1961. This matter is on appeal to the Board of Veterans’ Appeals (Board) from a June 2018 rating decision of a regional office of the Department of Veterans Affairs (VA). 

1. Entitlement to service connection for bilateral hearing loss.

2. Entitlement to service connection for tinnitus.

The Veteran was afforded a VA contract examination in June 2018.  Although the examiner indicated that the Veteran had sensorineural hearing loss for both ears, the examiner opined that hearing loss and tinnitus were less likely as not caused by or a result of noise exposure in military service.  The rationale provided was “normal hearing on separation with thresholds too low for any permanent significant shift in hearing thresholds to have occurred from entrance.”  Further, the examiner noted although noise exposure is conceded, there is no evidence of permanent auditory damage or acoustic trauma based on a lack of shift in the Veteran’s pure tone thresholds from enlistment to separation.  

The Board notes, however, that the Court of Appeals for Veterans Claims held in Hensley v. Brown, 5 Vet. App. 155, 157 (1993), that normal hearing at separation from service does not by itself preclude an award of service connection.  

Accordingly, an addendum opinion should be obtained from the June 2018 VA contract examiner.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from the June 2018 VA examiner, if available, regarding the nature and etiology of the Veteran’s bilateral hearing loss and tinnitus.  If the June 2018 examiner is not available, then a medical opinion should be obtained from another qualified examiner.  If the VA examiner finds that an additional audiological examination is necessary, one should be arranged.

After a review of the claims file, the examiner should opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s bilateral hearing loss and tinnitus are etiologically related to the Veteran’s period of active service?

The examiner should be aware that normal hearing at discharge does not necessarily preclude service connection.  The provided examination opinion must reflect consideration of the medical and lay evidence of record setting forth a complete rationale for all findings and conclusions. 

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2. Upon completion of the requested development and any additional development deemed appropriate, adjudicate the claims on appeal. If the determination remains unfavorable to the Veteran and his representative should be furnished a supplemental statement of the case which addresses all relevant evidence. The Veteran and his representative should be afforded the applicable time period in which to respond. Then, return the case to the Board.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. An, Associate Counsel

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.