Citation Nr: 21075954 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 16-41 878 DATE: December 22, 2021 ORDER Entitlement to service connection for an ear disability, other than tinnitus, is denied. REMANDED Entitlement to service connection for loss of smell is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a diagnosis of an ear disability other than tinnitus at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for an ear disability other than tinnitus are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 2000 to August 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). On his August 2016 VA Form 9, Substantive Appeal to the Board, the Veteran requested to a hearing before the Board. But in subsequent written correspondence received in January 2020, he withdrew his hearing request. 38 C.F.R. § 20.704(e). This matter was previously remanded by the Board in June 2021 for further development. As explained below, while the Veteran was afforded an examination for his loss of smell disability in accordance with the prior remand directives, that examination was not adequate. Unfortunately, further remand is necessary to provide a new examination. Service Connection Entitlement to service connection for an ear disability, other than tinnitus, is denied. The Veteran contends that he has an ear disability, other than tinnitus, that was incurred in service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The Board concludes that the Veteran does not have a current diagnosis of an ear disability other than tinnitus and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The August 2021 VA examiner evaluated the Veteran and determined that, while he experienced subjective symptoms of pain and discomfort, he did not have a diagnosis of an ear disability other than tinnitus. The Board notes the Veteran's statement that he was seen by an otolaryngologist in service who found no physical cause for the Veteran's pain and discomfort. The April 2015 VA examiner noted that the Veteran was seen in service for ear pain and was diagnosed with otitis externa, however, the examination then and in August 2021 had normal physical findings. While the Veteran believes he has a current diagnosis of an ear disability other than tinnitus, he is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Consequently, the Board gives more probative weight to the competent medical evidence. Accordingly, service connection for an ear disability, other than tinnitus, is not warranted. REASONS FOR REMAND Entitlement to service connection for loss of smell is remanded. The August 2021 VA examiner did not diagnose the Veteran with a loss of sense of smell, noting that the symptoms of the Veteran were all subjective. However, there is no evidence that any diagnostic testing was performed to determine if the Veteran has a loss of sense of smell and to determine if any loss is due to an anatomical or pathological basis. Thus, remand is necessary for a new examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his loss of sense of smell. The examiner must review the claims file. All necessary diagnostic testing should be performed. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is the Veteran's loss of sense of smell at least as likely as not related to service, including exposure to environmental hazards in Southwest Asia? Provide a rationale to support the opinion(s). 2. Readjudicate the claim on appeal. 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.