Citation Nr: 21067149 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 16-29 411 DATE: November 3, 2021 ORDER Service connection for left ear hearing loss is granted. Service connection for tinnitus is granted. REMANDED Entitlement to service connection for a left ankle disability is remanded. Entitlement to service connection for right ear hearing loss is remanded. Entitlement to service connection for Diabetes Mellitus type II is remanded. FINDINGS OF FACT 1. The Veteran's left ear hearing loss began during active service. 2. The Veteran's tinnitus began during active service. CONCLUSIONS OF LAW 1. The criteria for service connection for left ear hearing loss are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1984 to October 1987. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2021, the Veteran appeared and testified at a virtual Board hearing before the undersigned Acting Veterans Law Judge. Service Connection Service connection for left ear hearing loss The Veteran contends that his left ear hearing loss began in service. The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A July 2012 VA examination report shows the Veteran has a current diagnosis of left ear hearing loss. During service, the Veteran was seen for reports of left ear hearing loss, noted as mixed left ear hearing loss, and placed on a permanent profile. Thus, the question becomes whether the current disability is related to service. On this question there are opinions in favor of and against the claim. The April 2016 VA examiner stated that the Veteran's left ear hearing loss was less likely as not due to service. Specifically, he found that the Veteran had conductive hearing loss which is not due to noise exposure. However, that examiner did not have the Veteran's service treatment records available and was unaware that the Veteran was diagnosed with mixed hearing loss in his left ear while in service. As such, the Board finds this opinion has no probative value. The August 2012 examiner found the Veteran's hearing loss started in service after debris fell on his head while he was sleeping. The examiner found this as likely as not was the cause of the Veteran's left ear conductive hearing loss. The Board finds this opinion probative as it reviewed the entirety of the Veteran's treatment history which supports his claim of an in-service onset of left ear hearing loss. Accordingly, after resolving any reasonable doubt in favor of the Veteran, the Board finds that service connection for left ear hearing loss is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Service connection for tinnitus The Veteran contends that his tinnitus had its onset in service. The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A July 2012 VA examination report shows the Veteran has a current diagnosis of tinnitus. Thus, the question becomes whether the current disability is related to service. The April 2016 VA examiner stated that the Veteran's tinnitus was less likely as not due to service. Specifically, he found that the Veteran's tinnitus was due to conductive hearing loss which he did not find was due to service. However, that examiner did not have the Veteran's service treatment records available and was unaware that the Veteran was diagnosed with mixed hearing loss in his left ear and reported tinnitus while in service. As such, the Board finds this opinion has no probative value. The August 2012 examiner found the Veteran's tinnitus started in service after debris fell on his head while he was sleeping. The examiner found this as likely as not was the cause of the Veteran's tinnitus. The Board finds this opinion probative as it is based the entirety of the Veteran's treatment history, which supports his assertions of an in-service onset of tinnitus. Accordingly, after resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection for tinnitus is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND Entitlement to service connection for a left ankle disability is remanded. Entitlement to service connection for right ear hearing loss is remanded. Entitlement to service connection for Diabetes Mellitus type II is remanded. At the time of his VA examination, the Veteran did not have a hearing loss disability of the right ear. During his Board hearing, he testified that his hearing loss in the right ear had gotten worse. Thus, a new VA examination is required. Regarding the claims for service connection for a left ankle disability, right ear hearing loss, and Diabetes Mellitus type II, the Board notes that the Veteran's service treatment records were not previously available. Remand is required for examinations to determine if the Veteran's current disabilities were incurred in or due to service. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. M., his former employer, and any other treatment providers who may have records regarding the claimed disabilities (to include the facility where he went for treatment regarding diabetes in approximately 1990). Any identified records should be sought. 2. Schedule the Veteran for a VA examination for his right ear hearing loss. The examiner must review the claims file. The examiner is asked to provide a response to the following: Is it at least as likely as not that the right ear hearing loss had its onset in service, within one year of service, or is otherwise related to service. 3. Schedule the Veteran for a VA examination for his left ankle disability. The examiner must review the claims file. The examiner is asked to provide a response to the following: Did the left ankle disability have its onset in service or is otherwise related to service, including the Veteran's reported ankle injuries in service? Provide a rationale to support the opinion(s). Continued on the next page 4. Schedule the Veteran for a VA examination for his Diabetes Mellitus type II. The examiner must review the claims file. The examiner is asked to provide a response to the following: Did the Veteran's Diabetes Mellitus type II have its onset in service or is otherwise related to service? Provide a rationale to support the opinion(s). S. Sorathia Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, 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.