Citation Nr: 21039720 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-56 611 DATE: July 1, 2021 REMANDED Entitlement to an increased evaluation for service-connected migraine headaches is 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 United States Marine Corps from November 1969 to November 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). By way of procedural history, in the June 2015 rating decision, the RO granted service connection for migraine headaches and assigned a noncompensable rating effective September 10, 2013. During the appeal, the RO issued an October 2016 rating decision granting a rating of 30 percent for service-connected migraine headaches effective September 10, 2013. 1. Migraine Headaches While the Board regrets further delay, it finds that a remand is warranted for a new VA examination. The Board finds a new VA examination is warranted as the Veteran has asserted that her migraine headaches have worsened. Specifically, she asserts that the headaches are becoming more frequent. See June 2015 Notice of Disagreement. In addition to the Veteran's assertion, the Board finds the medical evidence of record supports a finding of worsening condition. Specifically, the Veteran's VA medical treatment records note that she is suffering from multiple migraines a month. See June 2016 VA Primary Care Note. Furthermore, the Board notes that the most recent VA examination was in May 2015, 6 years ago. The Board finds that this VA examination does not adequately depict the Veteran's current severity of her service-connected migraine headaches. As such, the Board finds a remand is warranted for a new VA examination. 2. Bilateral Hearing Loss and Tinnitus Unfortunately, the Board finds a remand is necessary to obtain a VA medical opinion as the May 2015 VA medical opinion is inadequate. Specifically, the May 2015 VA examiner opined that the Veteran's bilateral hearing loss and tinnitus were less likely than not a result from service. The examiner continued to state that the Veteran worked around computers, which was a moderate level of noise. In addition, the examiner stated that the Veteran could not report an onset of hearing loss and tinnitus and did not attribute her disabilities to service. The Board finds the May 2015 VA examiner's rationale in support of the opinion to be inadequate. Specifically, the Veteran has continuously asserted that her bilateral hearing loss and tinnitus were a direct result from service, to include exposure to noise at the firing range and noisy machine environment. See June 2015 Notice of Disagreement, November 2016 VA Form 9, January 2020 Statement in Support of Claim. Additionally, the Veteran reported during the examination that her hearing loss was gradual during the years. Therefore, she is unable to recall a specific date of her hearing loss. The Board finds that the Veteran's inability to recall the onset date of her hearing loss is an inadequate basis to provide a negative nexus opinion. As such, the Board finds a remand is warranted to obtain a new VA medical opinion. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA medical treatment records. 2. Then, the RO should schedule the Veteran for a new VA examination to determine the current severity of her service-connected migraine headaches. The electronic claims file must be made available to the examiner for review in conjunction with the examination. All necessary tests should be performed, and the results reported. The most up-to-date Disability Benefits Questionnaire must be employed, and all opinions and conclusions must be supported by a rationale. 3. The RO should obtain a new VA medical opinion for the claims for service connection for bilateral hearing loss and tinnitus. An in-person examination is not necessary unless the examiner determines it must be conducted to address the questions below. The examiner is asked to specifically address the following, with a rationale provided: Whether the Veteran's bilateral hearing loss is at least as likely as not (50 percent or greater probability) incurred in or caused by the Veteran's military service. Whether the Veteran's tinnitus is at least as likely as not (50 percent or greater probability) incurred in or caused by the Veteran's military service. The examiner must specifically address all of the lay statements, to include June 2015 Notice of Disagreement, November 2016 VA Form 9, January 2020 Statement in Support of Claim. K. Anderson Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Glaeser, Jennifer 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.