Citation Nr: 21063225 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 18-39 439 DATE: October 13, 2021 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 in the United States Navy from September 1967 to December 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in June 2019. At that time, the Board issued a decision denying service connection for bilateral hearing loss and tinnitus. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2021 decision, the Court vacated the June 2019 Board decision and remanded the matters back to the Board. The claims are now back before the Board for adjudication. Regrettably, the Board finds a remand is warranted for further development. Specifically, the Board finds that the January 2018 VA examination is inadequate. The Board notes in the July 2018 Statement of the Case (SOC) the RO conceded hazardous noise exposure. See July 2018 SOC. The VA examiner opined that it was less likely than not that the Veteran's bilateral hearing loss was caused by or the result of his active military service. The examiner noted that the Veteran's military occupational specialty (MOS) was a storekeeper which carries a low probability of noise exposure and had little noise exposure. See January 2018 VA Hearing Loss and Tinnitus Disability Benefits Questionnaire (DBQ). The Board finds the VA examiner's statements contradict with the findings by the RO which conceded hazardous noise exposure. As for the Veteran's tinnitus claim, the Board notes that a remand is necessary for a new VA medical opinion. In the January 2018 VA examination and medical opinion for bilateral hearing loss and tinnitus, the examiner opined that it was less likely than not that the Veteran's tinnitus was a result of or caused by his active military service. The examiner stated that the Veteran's STRs were silent for any complaints of tinnitus or acoustic damage. As noted above, hazardous noise exposure has been conceded. The examiner continued that the Veteran reported the onset of tinnitus to be in 2013. See id. The Board notes that the Veteran asserted that in 2013 his tinnitus started to affect his hearing and worsened to the point that he could no longer ignore it, as it had an effect of his hearing. See August 2018 VA Form 9. The matters are REMANDED for the following action: The RO should afford the Veteran a further VA audiological examination, with an examiner who has reviewed the claims file. The examiner must address the following, with all opinions supported by a rationale: (a.) Whether it is at least as likely as not (at least an approximate balance of positive and negative balance) that the Veteran's bilateral hearing loss had its onset during, or was otherwise related to, the Veteran's active service. (b.) Whether it is at least as likely as not (at least an approximate balance of positive and negative balance) that the Veteran's tinnitus had its onset during, or was otherwise related to, service. The examiner must consider and address the Veteran's statements contained in the record, to include, but not limited to, statements made in the August 2018 VA Form 9. In addition, the examiner must note that hazardous noise exposure has been conceded. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.