Citation Nr: 20028077
Decision Date: 04/22/20	Archive Date: 04/22/20

DOCKET NO. 16-27 264
DATE: April 22, 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 April 1972 to April 1975.  

In April 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of hearing is associated with the claims file.  

1. Entitlement to service connection for hearing loss is remanded.

2. Entitlement to service connection for tinnitus is remanded.

In a November 2018 decision, the Board denied entitlement to service connection for bilateral hearing loss and tinnitus.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in October 2019 granting a Joint Motion for Partial Remand (JMPR) filed by the Veteran and VA’s Office of General Counsel.  The Court’s order vacated and remanded that portion of the Board’s November 2018 decision that denied entitlement to service connection for bilateral hearing loss and tinnitus.  

In pertinent part, the parties agreed in the JMPR that the Board erred when it relied on a May 2013 addendum to a February 2013 VA examination that was based, in part, on an inaccurate factual basis.  The parties stated that, on remand, the Board must obtain an adequate medical examination for purposes of determining the Veteran’s entitlement to service connection for bilateral hearing loss and tinnitus.

The matters are REMANDED for the following action:

1. Associate with the record any VA and/or private treatment records not already on file that relate to the Veteran’s claimed disabilities.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral hearing loss and tinnitus disabilities.  The examiner should take a history from the Veteran as to the progression of his claimed disabilities. 

Upon review of the record, interview and examination of the Veteran, the examiner should respond to the following:

a) Is it at least as likely as not (50 percent or greater probability) that the Veteran has a hearing loss disability for VA purposes that had onset in, or is otherwise related to his period of active duty service, to specifically include in-service noise exposure?

b)  Is it at least as likely as not (50 percent or greater probability) that the Veteran has tinnitus that had onset in, or is otherwise related to his period of active duty service, to specifically include in-service noise exposure?

If the Institute of Medicine of the National Academies study entitled “Noise and Military Service: Implications for Hearing Loss and Tinnitus” (2006) has a bearing on answers to the questions above, such should be articulated.  The examiner should recognize and consider any identified limitations to the study, and discuss them in the opinion.  The examiner should provide separate opinions and analysis for hearing loss and tinnitus.   

3. Then, readjudicate the appeal.  If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Bristow 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.