Citation Nr: 20007690 Decision Date: 01/29/20 Archive Date: 01/29/20 DOCKET NO. 12-13 719 DATE: January 29, 2020 REMANDED Entitlement to service connection for tinnitus, to include as secondary to service-connected hearing loss, is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1964 to September 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2016, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. In July 2016, the Board remanded the instant matter for additional development. At such time, the Board also remanded the claim of entitlement to service connection for posttraumatic stress disorder, which was granted in a March 2019 rating decision, and claims of entitlement to service connection for hypertension, sleep apnea, hypertensive vascular disease, and dyslipidemia for the issuance of a statement of the case. In this regard, after the issuance of such in March 2018, and the reissuance of such in July 2018, the Veteran did not timely perfect an appeal of such issues. Thus, they are not properly before the Board. The remaining issue of entitlement to service connection for tinnitus now returns to the Board for further appellate review. Entitlement to service connection for tinnitus, to include as secondary to bilateral hearing loss. The Veteran contends that he has recurrent tinnitus that is due to noise exposure during his military service, or is secondary to his service-connected hearing loss. Unfortunately, the Board finds another remand is necessary to ensure compliance with previous remand instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, in July 2016, the Board, as relevant, remanded the claim to obtain an opinion regarding whether the Veteran’s tinnitus is caused or aggravated by his hearing loss. In August 2018, a VA examiner reviewed the record and opined that the Veteran’s tinnitus was less likely than not caused or aggravated by his service-connected hearing loss. However, in support of such opinion, she provided a rationale that only addressed whether the Veteran’s tinnitus was directly or presumptively related to his military service. Thus, a remand is necessary in order to obtain an addendum opinion addressing secondary service connection that includes an adequate rationale. The matter is REMANDED for the following action: Return the record to the VA audiologist who offered the August 2018 opinion addressing the etiology of the Veteran’s tinnitus. The record and a copy of this Remand must be made available to the examiner. If the aforementioned examiner is unavailable, the record should be provided to an appropriate medical professional so as to render the requested opinion. The need for an additional examination of the Veteran is left to the discretion of the clinician selected to write the addendum opinion. Following a review of the entire record, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s tinnitus is caused or aggravated by his service-connected hearing loss? For any aggravation found, the examiner should state, to the best of their ability, the baseline of symptomatology and the amount, quantified if possible, of aggravation beyond the baseline symptomatology by the aggravation. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jonathan M. Estes 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.