Citation Nr: 20009799 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 17-40 102A DATE: February 6, 2020 REMANDED Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for bilateral hearing loss disability is remanded. Entitlement to service connection for a neck condition is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2011 until August 2012. This appeal to the Board of Veterans' Appeals (Board) arose from the May 2014 and June 2015 rating decisions of the VA Regional Office (RO. 1. Entitlement to service connection for tinnitus is remanded. 2. Entitlement to service connection for bilateral hearing loss disability is remanded. The Board notes that the Veteran was not provided a VA medical examination and opinion in regard to his claimed conditions. VA's duty to assist requires it to provide an adequate medical examination and/or obtain a medical opinion if the evidence is not sufficient to decide the claim. However; in order for the duty to assist to be triggered, the following must be present: (A) competent lay or medical evidence of a current disability, persistent, or recurrent symptoms of a disability, (B) evidence establishing the Veteran suffered an event, injury, or disease or symptoms of a disease, and (C) evidence indicating that the claimed disability or symptoms may be associated with the established event, injury, or disease in service. 38 C.F.R. § 3.159 (c)(4)(i). The Board finds that the requirements have been met in order to trigger the VA's duty to assist for the reasons stated below. In this case, without adequate medical examinations and medical opinions regarding to the Veteran's claimed conditions, the Board finds the current evidence to be insufficient to decide the claims. Therefore, VA medical examinations and medical opinions are required by VA's duty to assist the Veteran in developing evidence to substantiate his claims to service connection. 3. Entitlement to service connection for a neck condition is remanded. The Veteran was afforded an examination in June 2017. The examiner that the veteran’s current neck condition is less likely as not proximately due to, or a result of the Veteran’s service connected-disability. The examiner simply stated that degeneration in one area of the spine does not cause degeneration in another area of the spine. The examiner further stated that the Veteran’s cervical disc disease is more likely due to the ageing process. The Board finds the June 2017 medical conclusion to be inadequate. Here, the medical conclusion fails to provide an adequate rationale regarding the Veteran’s current neck condition in relation to his military service. When a VA medical opinion is provided to the Board; that opinion must support its conclusion with an analysis that the Board can consider and weigh. See Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007). As such, the Board finds the June 2017 opinion to be inadequate in regard to service connection on a direct basis and must remand for a supplemental opinion discussing the examiner's determination, which considers the entire claims folder. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). (When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any VA treatment records not already of record. 2. Schedule the Veteran for a VA medical examination for the claim of service connection for bilateral hearing loss disability. An opinion shall be obtained from an appropriately qualified examiner. The claims file, to include this remand, should be made available for the examiner to review and the examination report should reflect that such review was accomplished. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran has bilateral hearing loss disability, related to an in-service injury, event, or disease. 3. Schedule the Veteran for a VA medical examination for the claim of service connection for tinnitus. An opinion shall be obtained from an appropriately qualified examiner. The claims file, to include this remand, should be made available for the examiner to review and the examination report should reflect that such review was accomplished. 4. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran has tinnitus, related to an in-service injury, event, or disease. 5. Schedule the Veteran for a VA medical examination for the claim of service connection for a neck condition. An opinion shall be obtained from an appropriately qualified examiner. The claims file, to include this remand, should be made available for the examiner to review and the examination report should reflect that such review was accomplished. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran has a neck condition, related to an in-service injury, event, or disease or caused or aggravated by service connected disability. Any opinion provided must discuss the Veteran’s lay statements and consider the in-service experience. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brandon A. Williams, 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.