Citation Nr: 20003689 Decision Date: 01/15/20 Archive Date: 01/15/20 DOCKET NO. 14-08 271 DATE: January 15, 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 1969 to April 1972. This matter is on appeal to the Board of Veterans’ Appeals (Board) from a May 2013 rating decision of a regional office of the Department of Veterans Affairs (VA). The Veteran initially requested a hearing before the Board but subsequently withdrew his request. See Correspondence dated February 2015. The hearing request is deemed withdrawn. 38 C.F.R. § 20.704(e). 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. The Veteran was afforded a VA hearing loss and tinnitus examination in March 2013. Although the examiner indicated that the Veteran had sensorineural hearing loss, 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 no evidence of an in-service noise injury 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. Additionally, the record reflects lay statement submitted by Veteran describing the conditions of his service in Vietnam where he was off the flight line and exposed to loud aircraft noise. See Statement dated March 2014. Further, the record shows private hearing examination received April 2014. See report from Iowa Hearing Aid. Given the holding in Hensley and additional evidence of record, the Board concludes that reexaminations are necessary. Further, the March 2013 VA examiner associated the Veteran’s tinnitus to his bilateral hearing loss. As such, an opinion should be obtained on this intertwined issue. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination with an appropriate medical professional to determine the nature and etiology of the Veteran’s bilateral hearing loss and tinnitus. The Veteran’s claims file, to include a copy of the remand, must be made available to the examiner in conjunction with the examination along with any other information the medical professional deems pertinent. A note that it was reviewed should be included in the opinion. 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. (Continued on the next page) 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.