Citation Nr: 20039933 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 18-42 046 DATE: June 11, 2020 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. FINDING OF FACT The Veteran has experienced ringing in his ears related to tinnitus since his active service. CONCLUSION OF LAW The criteria for entitlement to service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Air Force from June 1977 to January 1979. These matters come before the Board of Veterans’ Appeals (Board) on appeal of an August 2017 rating decision. Service Connection Service connection will be granted for disability resulting from an injury or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection generally requires evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). 1. Tinnitus The Board finds that entitlement to service connection for tinnitus is warranted. The Veteran reports that he had exposure to aircraft noise during active duty service. The Veteran’s Form DD-214 shows that his military specialty was an aircraft loadmaster and as such, the Board finds that he was exposed to noise while in service. The Board notes that an August 2017 VA examiner provided a negative nexus opinion. The examiner stated that there was no evidence of tinnitus during service as well as in the intervening years following discharge. However, in a December 2019 statement, the Veteran clarified that he did complain of ringing in his ears during service, however, he was told that it would go away with time after he got away from airplane engine noise. The Veteran is considered competent to provide evidence regarding symptoms he has experienced, such as ringing in the ears for many years. His statements as to noise exposure are consistent with the circumstances of his service and the Board finds such statements credible. Therefore, considering the totality of the evidence, the Board finds that the evidence is at least in equipoise on the question of a nexus between service and the current tinnitus. Resolving reasonable doubt in the Veteran’s favor, the claim of service connection for tinnitus is granted. REASONS FOR REMAND 1. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran has a current diagnosis of bilateral hearing loss for VA purposes. In August 2017, the Veteran underwent a VA audiological examination. The examiner provided a negative nexus opinion; however, the Board finds that this opinion is inadequate. The examiner did not discuss the Veteran’s in-service exposure to acoustic trauma or consider this fact in the opinion. The examiner’s opinion was based on the Veteran’s normal hearing thresholds on his entrance and separation examinations. Based on the foregoing, the Board finds that another opinion must be obtained. The matter is REMANDED for the following action: Refer the Veteran’s claims folder to a suitably qualified VA examiner for a clarifying opinion as to the nature and etiology of the Veteran’s bilateral hearing loss disability. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran’s service treatment records, post-service medical records, and statements. It should be noted that the absence of in-service evidence of a hearing disability during service is not always fatal to a service connection claim. See Ledford v. Derwinski, 3 Vet. App. 87, 89 (1992). Evidence of a current hearing loss disability and a medically sound basis for attributing that disability to service may serve as a basis for a grant of service connection for hearing loss where there is credible evidence of acoustic trauma due to significant noise exposure in service, post-service audiometric findings meeting the regulatory requirements for hearing loss disability for VA purposes, and a medically sound basis upon which to attribute the post-service findings to the injury in service. See Hensley v. Brown, 5 Vet. App. 155, 159 (1993). The Veteran asserts in-service noise exposure from working around aircrafts. The examiner should state whether it is at least as likely as not (50 percent probability or higher) that the Veteran’s current bilateral hearing loss is causally or etiologically related to his military service, including noise exposure from working around aircraft. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Henriquez, 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.