Citation Nr: 18141680 Decision Date: 10/11/18 Archive Date: 10/11/18 DOCKET NO. 17-22 749 DATE: October 11, 2018 REMANDED Entitlement to service connection for left eye disability is remanded. Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran testified before the undersigned Veterans Law Judge in a May 2018 video conference hearing. A transcript of that hearing has been associated with the file. Left eye disability There are no service treatment records of record as they were destroyed in a fire. VA mailed the Veteran a letter informing him of this in November 2016. The Veteran contends that in September 1957, during service, he fell from a tank, landing on the ground, which resulted in the burning of the left side of his face, ear, and the injuring of his left eye. He stated that he underwent surgery for his eye and remained in the hospital for a month. The record indicates a possible diagnosis of a left eye disability—hypermetropia and astigmatism, presbyopia, and senile cataract. Given the reported in-service fall and possible current diagnosis, the Board finds that a VA examination is warranted. Bilateral hearing loss The record shows a current bilateral hearing loss disability. The VA medical opinion of record, dated February 2016, states that the Veteran’s hearing loss is not related to service. The rationale was based, at least in part, on the lack of service treatment records. As stated above, the service treatment records are not available. During the February 2016 VA examination, the Veteran reported the onset of hearing loss several years after service. However, during the Board hearing the Veteran testified that the onset of hearing loss symptoms occurred while in service, during training. Given the current diagnosis and the Veteran’s reporting of the onset of symptoms as occurring in service, the Board finds that another VA examination is warranted. The Board notes that a VA examination was performed in July 2018 in relation to the Veteran’s tinnitus claim. An audiogram was performed, but an opinion regarding the etiology of the Veteran’s hearing loss was not requested. The language in the report however, is unclear as to whether the VA examiner did provide a medical opinion. Nonetheless, the Board finds that a new examination and opinion are needed. The matters are REMANDED for the following action: 1. Obtain and associate with the Veteran’s claims file any outstanding VA treatment records related to the Veteran’s left eye disability claim and bilateral hearing loss claim. The Veteran should also be afforded the opportunity to identify and/or submit any outstanding private treatment records. 2. The AOJ should schedule the Veteran for an appropriate VA examination to determine the current nature and etiology of any left eye disability. The Veteran’s electronic claims file should be made available to and reviewed by the examiner. Any tests or studies deemed necessary should be conducted. After reviewing the file, obtaining a complete history from the Veteran, and conducting all necessary diagnostic testing, the examiner should respond to the following: For any left eye disability diagnosed, the examiner is asked to offer an opinion as to whether it is at least as likely as not (i.e. 50 percent or greater probability) that any such diagnosed disability is etiologically related to, or had its onset during the Veteran’s active military service; or is otherwise related to an in-service disease or injury, to include an in-service accident. The examiner is asked to provide a complete a rationale for all opinions offered. 3. The AOJ should forward the Veteran’s claims file to an appropriate examiner for a supplemental opinion as to the bilateral hearing loss claim. It is left to the examiner’s discretion whether to examine the Veteran. The claims file should be made available to the examiner for review. After reviewing the file, obtaining a complete history from the Veteran, and conducting a physical examination, and all necessary diagnostic testing, the examiner should respond to the following: Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s hearing loss is etiologically related to, or had its onset during the Veteran’s active military service; or is otherwise related to an in-service disease or injury, to include an in-service accident. The examiner is asked to provide a complete a rationale for all opinions offered. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Talamantes, Associate Counsel