Citation Nr: 18143120
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 15-06 122A
DATE:	October 18, 2018
REMANDED
Entitlement to service connection for a bilateral hip disability is remanded.
Entitlement to service connection for bilateral hearing loss is remanded.
Entitlement to service connection for tinnitus is remanded.
Entitlement to service connection for left leg numbness, associated with a bilateral hip disability, to include as secondary to the service-connected low back disability, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1966 to September 1968.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from October 2011 and November 2012 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio and St. Petersburg, Florida respectively.  In July 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

1. Entitlement to service connection for a bilateral hip disability is remanded.
2. Entitlement to service connection for bilateral hearing loss is remanded.
3. Entitlement to service connection for tinnitus is remanded.
4. Entitlement to service connection for left leg numbness associated with a bilateral hip disability, to include as secondary to the service-connected low back disability is remanded.
Compliance with the Board’s remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  The June 2018 remand provided instructions to schedule the Veteran for a VA examination to determine the nature and etiology of bilateral hearing loss, tinnitus, bilateral hip, and left leg disabilities.  To date, the Veteran has not been provided those examinations.  Therefore, the resulting actions are incomplete and do not substantially comply with the June 2018 Board remand.  
The matters are REMANDED for the following action:
1. Obtain copies of the complete updated VA clinical and private records of all evaluations and treatment the Veteran received for bilateral hip injury, left leg numbness and burning, tinnitus, and bilateral hearing loss.  All requests for records and responses must be associated with the claims folder.
2. Schedule the Veteran for VA audiology examination by an appropriate clinician to determine the nature and etiology of his bilateral hearing loss and tinnitus.  The examiner must opine as to whether it is at least as likely as not (50 percent probability or greater) that bilateral hearing loss or tinnitus is related to the Veteran’s service, including in-service noise exposure.  The examiner should consider the lay statements of record, including the Veteran’s statements of continuity of symptoms since service.  The examiner must review the claims file and should note that review in the report.  The examiner is requested to provide a complete rationale for any opinion expressed based on the examiner’s clinical experience, medical expertise, and established medical principles.
3. Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of any bilateral hip disability and left leg disability.  The examiner must review the claims file and should note that review in the report.  The examiner must opine whether it is at least as likely as not (50 percent probability or greater) that any bilateral hip disability or left leg disability is related to the Veteran’s service, including an April 1968 automobile accident.  The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any bilateral hip disability or left leg disability is proximately due to, caused by, or aggravated by service-connected lumbar strain.  The examiner is requested to provide a complete rationale for any opinion expressed based on the examiner’s clinical experience, medical expertise, and established medical principles.
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. D. Cross, Associate Counsel