Citation Nr: 21074981
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 19-37 612
DATE: December 16, 2021

REMANDED

Entitlement to service connection for neurosyphilis to include as due to service-connected bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active service in the U.S. Navy from October 1950 to August 1954 and January 1965 to July 1965. The Veteran died in April 2021. The appellant is his surviving spouse who has been substituted to pursue this appeal.

The appellant appeals the denial of service connection for neurosyphilis. The appellant contends that the Veteran's neurosyphilis is due to service.  Alternatively, she argues that it may be due to his service-connected bilateral hearing loss disability.

When this issue was last before the Board in February 2021, it was determined that further development was needed to include obtaining an etiology opinion. A VA opinion was obtained in October 2021. When addressing the question of whether the Veteran's neurosyphilis was caused and/or aggravated by the Veteran's bilateral hearing loss disability, the examiner opined, in part:

Medical records showed treated neurosyphilis with course of penicillin. Veteran still continued mild progression of memory loss.  There are insufficient records showed aggravation from SC bilateral hearing loss. Therefore in my opinion, the it is less likely than not (50 percent or lesser probability) that the Veteran's neurosyphilis is proximately due to or the result of service-connected bilateral hearing loss disability.

While the examiner noted that "there are insufficient records showed aggravation from SC bilateral hearing loss," this is the only mention or discussion as to whether there was aggravation. The Board is unable to determine if there was aggravation of the Veteran's neurosyphilis from the service connected hearing loss based on this rationale alone. As such, the Board finds that another opinion is needed on this matter for proper adjudication of the claim. 

The matters are REMANDED for the following action:

1. Obtain a VA opinion to determine the nature and etiology of the Veteran's neurosyphilis. The examiner must be provided access to the Veteran's electronic claims. 

After review of the record, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's service-connected bilateral hearing loss caused any additional medically discernible functional impairment of the Veteran's neurosyphilis, even if temporary (e.g., a worsening of symptoms beyond the expected baseline level of symptoms). 

A complete rationale for any opinion should be provided. Any opinion should be reconciled with the service treatment and personnel records, any post-service diagnoses, lay statements, and testimony of the Veteran. If the lay evidence is rejected, an explanation must be provided. If an opinion cannot be made without resort to speculation, please state so and include an explanation for that conclusion. 

2. Upon completion of the above, and any additional development deemed appropriate, the AOJ should readjudicate the remanded issue. If any benefit sought on appeal remains denied, the appellant and her representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response, the appeal must be returned to the Board for appellate review.

 

 

Kelly A. Gastoukian

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S. Willie

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.