Citation Nr: 21021495
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 18-16 136
DATE: April 13, 2021

REMANDED

Service connection for bilateral hearing loss, to include as secondary to service-connected diabetes mellitus, is remanded.

Service connection for tinnitus, to include as secondary to service-connected diabetes mellitus, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1968 to September 1970 in the United States Army.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In October 2020, the Veteran testified before the undersigned during a virtual hearing.  A transcript of the hearing is included in the electronic claims file.  

1. Service connection for bilateral hearing loss, to include as secondary to the service-connected diabetes mellitus, is remanded.

2. Service connection for tinnitus, to include as secondary to the service-connected diabetes mellitus, is remanded.

As discussed at the October 2020 hearing, a further medical opinion is required in this appeal.  While a VA examination was conducted in March 2017, the examiner provided negative nexus opinions based on the lack of medical evidence of hearing loss or threshold shifts in the service treatment records, as well as the lack of an “objectively verifiable noise injury.”  See, e.g., Dalton v. Nicholson, 21 Vet. App. 23 (2007); see also Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  A further opinion, accounting for the Veteran’s symptoms in service and his exposure to hazardous noise while working as a helicopter repairman, must be obtained.

In a March 2021 brief, the Veteran’s representative further requested that the VA examiner address whether the current bilateral hearing loss has been caused or aggravated by his service-connected diabetes.  The representative noted that diabetes has been shown to impact the vascular and neural aspects of the ears.

The matters are REMANDED for the following action:

Afford the Veteran a VA examination to obtain evidence addressing the likely etiology of his bilateral hearing loss and tinnitus.  A rationale must be provided for all conclusions reached.  While a medical opinion is required, you are asked to consider the Veteran’s lay reports and may state whether they are medically-consistent or medically-inconsistent with other evidence of record.  

(a.)  Opine on whether it is at least as likely as not that the current bilateral hearing loss and tinnitus began during any period of active service or are related to an in-service injury, event, or disease, to include the Veteran’s exposure to acoustic trauma in the course of his duties as a helicopter repairman. 

(b.) Opine on whether it is at least as likely as not that the current bilateral hearing loss and/or tinnitus have been (i.) caused, or (iii.) aggravated (i.e., worsened) by his service connected diabetes mellitus.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Smith, 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.