Citation Nr: 20006504 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 19-18 695A DATE: January 27, 2020 REMANDED Entitlement to service connection for tinnitus is remanded. Entitlement to a 10 percent evaluation based upon multiple, noncompensable, service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had active military service from May 1970 to January 1972. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2018 rating decision of a VA Regional Office (RO). 1. Entitlement to service connection for tinnitus is remanded. The Veteran asserts that he suffers from tinnitus as a result of his active service. The Veteran is service-connected for hearing loss in his left ear. During the Veteran’s October 2018 VA examination for hearing loss and tinnitus, the VA examiner stated that the Veteran did not report suffering from tinnitus. Accordingly, the VA examiner found it less likely than not that the Veteran suffered from tinnitus as a result of his active service. In a July 2019 Form 9 statement, the Veteran’s representative asserted that the Veteran did report suffering from tinnitus. Accordingly, this claim must be remanded for an additional VA examination. 2. Entitlement to a 10 percent evaluation based upon multiple, noncompensable, service-connected disabilities is remanded. The Veteran asserts that he suffers from multiple, noncompensable, service-connected disabilities that are permanent and clearly interfere with normal employment. The Veteran is service-connected for a healed fifth metacarpal fracture on the right hand, rated as noncompensable, and for left ear hearing loss, also rated as noncompensable. Pursuant to 38 C.F.R. § 3.324, two or more separate service-connected disabilities which clearly interfere with normal employability may be assigned a 10 percent rating, but not in combination with any other rating, even though none of the disabilities may be of compensable degree. As noted above, remand is necessary for the claim for service connection for tinnitus. Since the outcome of the determination as to that claim could impact the claim for a 10 percent rating under 38 C.F.R. § 3.324, the matters are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Therefore, the claim for a combined 10 percent rating for multiple noncompensable disabilities must be also be remanded. The matters are REMANDED for the following action: 1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c). 2. Then, schedule the Veteran for another VA audiological examination to determine the nature and etiology of the Veteran's tinnitus. (a.) The examiner should opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s tinnitus arose during or as a result of the Veteran’s active service. (b.) The examiner should opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s tinnitus was caused or aggravated (worsened beyond its natural progression) by his service-connected hearing loss. A complete rationale must be provided for all conclusions. The Veteran's electronic claims file, including this remand order, must be reviewed by the examiner, and the report should note such review. L. BARSTOW Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Hicks, 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.