Citation Nr: 1406363 Decision Date: 02/12/14 Archive Date: 02/24/14 DOCKET NO. 10-23 967 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Illinois Department of Veterans Affairs ATTORNEY FOR THE BOARD D. Havivi, Associate Counsel INTRODUCTION The Veteran had active service from April 1970 to December 1971. This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from an April 2009 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. A review of the Virtual VA paperless claims processing system and the Veterans Benefits Management System reveals an additional record which is pertinent to the present appeal. The Veteran's updated VA medical center outpatient treatment records are in Virtual VA. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND In Virtual VA, a note made during a May 2012 audiological examination states the Veteran was seen previously for hearing evaluations at the same clinic in March 2009, April 2011 and July 2011. The claims file also contains a screenshot listing many of the Veteran's clinic visits. Among those listed is an April 2011 audio consultation. The hearing examinations from March 2009 and May 2012 are associated with the claims file, however, records from April and July 2011 consultations are not present. On remand, these consultations should be obtained to fulfill VA's duty to assist and to avoid prejudice to the Veteran. At his March 2009 VA audiology examination, the Veteran stated that at some point his factory job started requiring ear protection and testing employees' hearing. On remand, efforts should be made to obtain any pertinent medical records from the Veteran's employers. The Veteran has made regular visits to the VA for outpatient care for his hearing aids. On remand, all updated VA treatment records from May 2012 to present should be obtained. Accordingly, the case is REMANDED for the following action: 1. Obtain relevant VA treatment records for the period from April 2011 to the present. This specifically includes VA treatment records from April and July 2011 audiology consultations, as well as any other VA audiological medical notes that are not already associated with the claims file, regardless of date. All pertinent records obtained should be associated with the claims file. If the RO cannot locate the Federal records requested herein, it must specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. The RO must then provide the appropriate notice and give the claimant an opportunity to respond. 2. The RO should request authorization from the Veteran all copies of the audiological records any postservice employer related hearing tests. If the RO cannot locate such records, the RO must specifically document the attempts that were made to locate them. The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims. The claimant must then be given an opportunity to respond. 3. After completing the above action and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the claim must be readjudicated. If any claim remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). _________________________________________________ DEREK R. BROWN Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2013).