Citation Nr: 22016407
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 19-30 017
DATE: March 22, 2022

REMANDED

Entitlement to service connection for a bilateral hearing loss disability is remanded.

Entitlement to service connection for tinnitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1991 to April 2000.  This matter is on appeal from a December 2018 rating decision. The Veteran testified before the undersigned Veterans Law Judge during a March 2021 hearing.

The Veteran seeks entitlement to service connection for bilateral hearing loss and for tinnitus.  

On December 2018 VA hearing loss and tinnitus examination, the Veteran was found to have sensorineural hearing loss in the frequency range of 6000 Hz or higher.  The examiner indicated that the Veteran may have impaired hearing, but it did not meet the criteria to be considered a disability for VA purposes. 

During his March 2021 Board hearing, the indicated that his hearing loss increased in severity since his last VA examination in December 2018.  He reported that he did not hear as well, and the TV had to be turned up louder in order for him to hear.  See Hearing Transcript, pg. 18.

As the record is not clear as to whether or not the Veteran has a current hearing loss disability according to VA standards, a new examination should be scheduled.  

The outcome of the Veteran's tinnitus claim may be related to the outcome of his hearing loss claim.  As such, the matter is intertwined.  Moreover, the negative nexus opinion obtained in December 2018 appears to be based largely on an absence of documented complaints for tinnitus during service.  The examiner also did not discuss the how, from a medical perspective, the absence of a significant threshold shift in hearing acuity during service bears on the question of whether tinnitus is related to service.  On remand, a new opinion should be obtained.

The matters are REMANDED for the following actions:

1. Schedule the Veteran for an audiological examination to determine the nature and etiology of his claimed bilateral hearing loss disability and tinnitus. The claims file should be sent to, and reviewed by the examiner.

After conducting audiometric testing, the examiner must opine as to the following:

a) Is it at least as likely as not (approximately 50 percent or greater probability) that the Veteran has a current hearing loss disability that had onset in, or is otherwise related to his period of active duty service, to include conceded exposure to noise in performance of his duties as an aircraft mechanic and engineer?

b) Is it at least as likely as not (approximately 50 percent or greater probability) that the Veteran has tinnitus that had onset in, or is otherwise related to his period of active duty service, to include conceded exposure to noise in performance of his duties as an aircraft mechanic and engineer?

c) Is it at least as likely as not (approximately 50 percent or greater probability) that the Veteran as tinnitus that is caused or aggravated by any hearing loss disability?

All opinions should be supported by a medical explanation or rationale.  If normal in-service hearing test results bear on the responses to the questions above, the clinical significance of such results should be explained.  If there are medical reasons that are consistent with, or call into question the Veteran's reported history of symptoms since service, notwithstanding any lack of documented care, such should also be discussed.  

		2.  Then, readjudicate the issues on appeal.

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Crohe, 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.