Citation Nr: 21010799 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-06 764 DATE: February 25, 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 Navy from October 1952 to July 1953. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Most recently, in a July 2019 decision, the Board denied entitlement to service connection for bilateral hearing loss and tinnitus. The Veteran appealed the Board’s July 2019 decision to the United States Court of Appeals for Veterans Claims (Court). In June 2020, the Court granted a Joint Motion for Remand (JMR) and vacated the July 2019 Board’s denial of entitlement to service connection for bilateral hearing loss and tinnitus. The case was returned to the Board for development consistent with the JMR. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C. § 7107(a)(2). 1. Entitlement to service connection for bilateral hearing loss is remanded. The record indicates that the Veteran’s bilateral hearing loss may have pre-existed his service. The parties to the JMR determined that previous VA examinations failed to indicate whether the Veteran’s bilateral hearing loss clearly and unmistakably pre-existed service, and whether the Veteran’s bilateral hearing loss was clearly and unmistakably not aggravated by service. The parties determined that on remand, “the Board shall obtain a new medical opinion that addresses whether Appellant’s hearing loss, both conductive and sensorineural, clearly and unmistakably existed prior to service, and if so, whether there is clear and unmistakable evidence that the hearing loss was not aggravated by service, including addressing the evidence of in-service ear infections, noise exposure, and the lay evidence of record.” 2. Entitlement to service connection for tinnitus is remanded. As to the claim for service connection for tinnitus, the Veteran’s tinnitus may be a symptom of, or otherwise related to, his bilateral hearing loss. Therefore, the issue is intertwined with the hearing loss claim and must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran’s bilateral hearing loss claim. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled. After review of the claims file, the examiner should provide an opinion as to the following: (a.) Did the Veteran’s bilateral hearing loss, both conductive and sensorineural, clearly and unmistakably (undebatably) pre-exist his service? Please explain why or why not. (b.) If so, was the Veteran’s bilateral hearing loss permanently worsened during service? (c.) If his bilateral hearing loss was permanently worsened during service, was the worsening clearly and unmistakably (undebatably) due to the natural progress of the disease as opposed to being the results of injury or disease during service? The examiner should explain why or why not, including addressing the evidence of in-service ear infections, noise exposure, and the lay evidence of record. The examiner must also reconcile their opinion with the opinions of record. 2. If the claims remain denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. N. Wilson, 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.