Citation Nr: 21005186 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 18-31 960 DATE: January 29, 2021 REMANDED Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from November 1965 to September 1967. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ); a transcript is of record. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C. § 7107(a)(2). Entitlement to service connection for tinnitus is remanded. The Veteran contends that his tinnitus is related to his active military service. While the Board regrets further delay, it finds that a remand is warranted in order to ensure substantial compliance with the Board’s prior remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). In July 2019, the Board remanded the Veteran’s claim in order to obtain a new etiology opinion. In providing the opinion, the Board requested the examiner to consider the December 1966 notation of hearing loss and consider the Veteran’s August 1967 audiological results under both the ASA and ISO-ANSI standards by converting the results from ASA to ISO-ANSI (ISO) standards. Pursuant to the remand, an etiology opinion was obtained in November 2019. However, a review of the examination report does not show that the examiner considered the August 1967 audiological results under both the ASA and ISO standards. Additionally, while the November 2019 examiner acknowledged the December 1966 notation of hearing loss and audiological test that showed a puretone threshold of 25 decibels at 6000 hertz, she noted that such result was within normal limits and test-retest reliability. However, VA recognizes threshold levels above 20 decibels as indicative of some degree of hearing loss. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). Therefore, a reading of 25 decibels is not considered normal hearing for VA purposes. Furthermore, while the examiner also noted that such result was within test-retest reliability, the Veteran also had a 25-decibel loss at 6000 hertz at his August 1967 separation examination. In light of the foregoing, the Board finds that a remand is warranted in order to obtain a new etiological opinion. The matters are REMANDED for the following action: 1. Obtain a VA medical opinion regarding the etiology of the Veteran’s tinnitus from a qualified medical professional. The need for a physical examination is left to the discretion of the VA examiner. The examiner must review the entire claims file and a copy of this Remand. The examiner is asked to opine whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s tinnitus is related to his active service, to include the December 1966 notation of hearing loss at 6000 hertz. In so opining, the examiner should consider the August 1967 audiological results in the Veteran’s service treatment records under both ASA units and ISO units. To assist the examiner, the converted thresholds to ISO units are below. HERTZ 500 1000 2000 3000 4000 6000 RIGHT 10 10 5 5 5 35 LEFT 15 15 5 15 5 25 A complete rationale must be provided for all opinions expressed. The rationale must consider and discuss the pertinent evidence of record, to include the Veteran’s lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Mortimer, 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.