BVA Case 07-3060: Back

The principal issue before the Court is whether VA fulfilled its duty to assist by obtaining two VA medical examinations in which the examiners concluded that they were unable to render an opinion whether there was a causal link between service and the appellant's current disabilities without resort to mere speculation.

The examiner nevertheless stated that [t]he [left ear]hearing loss and tinnitus are more likely than not related to one or more common factors.

In the decision here on appeal,the Board found that the left ear hearing loss was not etiologically related to service and that the erectile dysfunction was not due to or the result of the appellant's service-connected diabetes.

The Board noted that the earliest evidence of the left ear hearing disability is dated decades after the appellant's separation from service and there is no contemporaneous documentation of symptomatology between the time of service and these initial findings.

In both instances,the Board noted the inability of the VA medical examiners to opine on the etiology issue without resort to speculation.

The Appellant The appellant asserts that VA has not fulfilled its duty to assist in providing a medical examination when the examination report fails to proffer an opinion on the etiology of a disability.

Thus, while the appellant acknowledges that the inconclusive examination reports constitute evidence,he maintains that this evidence is not probative of the medical nexus issue.

Rather,the Board denied the claims in the absence of any medical nexus evidence.