Citation Nr: 21008999 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 20-18 396 DATE: February 18, 2021 REMANDED Entitlement to service connection for a tinnitus disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from March 1964 to February 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in September 2020 but was remanded to obtain an adequate VA examination and opinion. In a November 2020 supplemental statement of the case (SSOC), his claim for service connection for a tinnitus disability was again denied. This matter is again before the Board for adjudication. Unfortunately, the Board finds that additional remand is necessary before the Board can adjudicate the claim. The Veteran was previously provided with a VA examination in February 2018 for his tinnitus. During the examination, the VA examiner noted that the Veteran reported recurrent tinnitus but rendered a negative medical opinion against his claim. In support of the medical opinion, the February 2018 VA examiner relied on the 2006 IOM study without further explanation. Additionally, the VA examiner did not address the Veteran’s lay statements regarding in-service noise exposure. Upon remand, the Veteran was provided with another VA examination in November 2020. Although the VA examiner noted the Veteran’s chief complaints were hearing loss and tinnitus, the VA examiner later noted that he did not report any recurrent tinnitus. As such, the VA examiner opined that it was less likely than not that his tinnitus was incurred in service on the basis that there was no report of tinnitus in service or during the examination. Based on the foregoing VA examinations, the Board finds that it is unclear whether the Veteran has a current diagnosis of a tinnitus disability as the VA examinations provide conflicting findings of a disability. Additionally, while the matter was remanded to obtain an adequate medical opinion, the November 2020 medical opinion is based solely on the absence of treatment for tinnitus in service or during that VA examination. As such, the November 2020 VA medical opinion is inadequate for adjudication purposes. Accordingly, the matter is remanded to reconcile the Veteran’s tinnitus diagnosis and to afford the Veteran with another VA examination. The matters are REMANDED for the following action: 1. Obtain any outstanding VA or private treatment records related to the Veteran’s tinnitus disability and associate them with the claims file. 2. Schedule the Veteran for a new VA examination. The claims file, including a copy of this remand, should be made available to the examiner, who should review it in conjunction with the prior examinations and should note that review in the report. The examiner is requested to do the following: (a) reconcile any conflicting diagnosis of tinnitus. (b) provide an opinion on whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s tinnitus disability is related to an in-service injury, event, or illness, to include any in-service noise exposure. A complete and detailed rationale for these opinions should be provided for every opinion requested by the examiner. 3. After, readjudicate the claim. If the benefit sought on appeal remains denied, furnish the Veteran with a supplemental statement of the case (SSOC) and provide him with an appropriate opportunity to respond. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Xiong, 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.