Citation Nr: 18144959 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 17-44 597 DATE: October 25, 2018 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for bilateral eye disorders is remanded. Entitlement ot service connection for a back disability is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a right arm disability is remanded. Entitlement to service connection for a left arm disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a left hip disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for a left ankle disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a left foot disability is remanded. REASONS FOR REMAND The Veteran had verified active duty in the Air Force from November 1960 to November 1964. He also apparently had additional service in the Air Force Reserve, the Army Reserve, and the Wisconsin Army National Guard. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that denied service connection for bilateral hearing loss; bilateral eye disorders (listed as an eye condition); a back disability (listed as a back condition); a neck disability (listed as a neck condition); a right arm disability (listed as a bilateral arm condition); a left arm disability (listed as a bilateral arm condition); a right hip disability (listed as a bilateral hip condition); a left hip disability (listed as a bilateral hip condition); a right knee disability (listed as a right knee condition); a left knee disability (listed as a left knee condition); a right ankle disability (listed as a bilateral ankle condition); a left ankle disability (listed as a bilateral ankle condition); a right foot disability (listed as a bilateral foot condition); and a left foot disability (listed as a bilateral foot condition). The Veteran contends that he has bilateral hearing loss; bilateral eye disorders; a back disability; a neck disability; right and left arm disabilities; right and left hip disabilities; right and left knee disabilities; right and left ankle disabilities; and right and left foot disabilities, that are all related to service. The Veteran specifically maintains that he was exposed to acoustic trauma during service from 50 caliber machine gunfire, M223s, M90s, and explosions while serving in the Air Force and Army National Guard. He indicates that he frequently flew in helicopters and that his right ear was closer to the propeller and suffered significantly more noise exposure. As to his other claimed issues, he asserts that that he had suffered pain and injuries in multiple body areas since his period of service. The Veteran is competent to report that he suffered hearing problems; right and left eye problems; back problems; neck problems; right and left arm problems; right and left hip problems; right and left knee problems; right and left ankle problems; and right and left foot problems, during and since service. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). As noted above, the Veteran had verified active duty in the Air Force from November 1960 to November 1964. His service personnel records indicate that he also had additional service in the Air Force Reserve, the Army Reserve, and the Wisconsin Army National Guard. An August 2012 VA otolaryngology consultation report notes that the Veteran served in the Air Force and Army National Guard, and that he retired after twenty-three years of service in 1996. The Board notes that the actual dates of the Veteran’s periods of service in the Air Force Reserve, Army or Army Reserve, and the Wisconsin Army National Guard, to include any periods of active duty, active duty for training, and inactive duty training, have not been verified. Additionally, the Board observes that the only service treatment reports of record are for the Veteran’s verified period of active duty from November 1960 to November 1964. The Board notes that there are no service treatment records referring to the Veteran’s additional service in the Air Force Reserve, Army or Army Reserve, and the Wisconsin Army National Guard. Thus, the Board finds that an attempt should be made to verify the Veteran’s periods of active duty, active duty for training, and inactive duty training with the Air Force Reserve, Army or Army Reserve, and Wisconsin Army National Guard, and to obtain any additional available service treatment records. The Veteran’s available service treatment records for his period of active duty in the Air Force from November 1960 to November 1964 show treatment for back problems, a possible left shoulder injury, and for defective vision, which was corrected. Such records also indicate that the Veteran was noted to have pes planus. His service treatment records do not specifically show treatment for bilateral hearing loss; right and left eye disorders; neck problems; right and left arm problems; right and left hip problems; right and left knee problems; or right and left ankle problems. On a medical history form at the time of a November 1960 enlistment examination, the Veteran checked that he wore glasses and that he had foot trouble. The reviewing examiner indicated that the Veteran wore reading glasses and that he had asymptomatic flat feet. The objective November 1960 enlistment examination report notes that the Veteran had defective vision and that he had flat feet. There were notations that the Veteran’s eye evaluation and ophthalmoscopic evaluation, as well as his upper extremities; lower extremities; and spine and other musculoskeletal systems, were all normal. A March 1962 treatment entry notes that the Veteran injured his back at a mess hall. It was noted that the Veteran fell while carrying a table. The examiner reported that the Veteran’s x-rays looked okay. Another March 1962 entry notes that the Veteran was seen for a follow-up of his injured back. The examiner stated that the Veteran’s x-rays were negative, but that he was now having back pains. A subsequent March 1962 radiological report, as to the Veteran’s chest, indicates that he fell on the corner of a table that he was carrying, and that he injured his left scapula and rhomboid area. The examiner indicated that the Veteran’s chest was within normal limits. On a medical history form at the time of a November 1964 separation examination, the Veteran reported that he had eye trouble. The reviewing examiner indicated that the Veteran had worn glasses since high school for defective vision, which was corrected. The objective November 1964 separation examination report notes that the Veteran had defective vision in his right eye and left eye, which was corrected. There were notations that the Veteran’s eye evaluation and ophthalmoscopic evaluation, as well as his upper extremities; lower extremities; and spine and other musculoskeletal systems, were all normal. Post-service VA treatment records show treatment for bilateral hearing loss; right and left eye problems, including cataracts, nuclear sclerosis, macular pigmentary changes, dry eye symptoms in both eyes; a moderate retinal membrane in the right eye, and a history of a “dot heme” in the left eye; chronic pain in the back and neck; hip pain and left hip osteoarthritis; bilateral leg problems, including peripheral vascular disease; bilateral knee pain; bilateral ankle pain; and variously diagnosed foot problems, including an ulcer of the left foot, calluses, and a plantar wart. The Board notes that the Veteran was not afforded VA examinations as to his claimed bilateral eye disorders; back disability; neck disability; right and left arm disabilities; right and left hip disabilities; right and left knee disabilities; right and left ankle disabilities; and right and left foot disabilities. As to the Veteran’s claimed bilateral hearing loss, there is a notation in the record that he was scheduled for a VA audiological examination in September 2015 and that he failed to report for the examination. The Board notes, however, that there is also a notation that VBMS had a different address listed for the Veteran. Therefore, there appears to be a question as to whether the Veteran actually received notice of the September 2015 VA audiological examination. The Board emphasizes that it is important that the Veteran report for his scheduled VA examination(s). His failure to attend any scheduled VA examination(s) without showing good cause may adversely affect his claim(s). 38 C.F.R. § 3.655. Examples of good cause include, but are not limited to, the illness or hospitalization of a claimant and death of an immediate family member. 38 C.F.R. § 3.655(a). In light of the above, the Board finds that Veteran has not been afforded VA examinations, with the opportunity to obtain responsive etiological opinions, following a thorough review of the entire claims file, as to his claims for service connection for bilateral hearing loss; bilateral eye disorders; a back disability; a neck disability; a right arm disability; a left arm disability; a right hip disability; a left hip disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; and a left foot disability. Such examinations must be accomplished on remand. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC), or any other appropriate service department or repository, to verify the dates of all the Veteran’s periods of active duty, active duty for training, and inactive duty training in the Air Force Reserve, Army or Army Reserve, and Wisconsin Army National Guard. Also request that a search be conducted for any additional service treatment records pertaining to the Veteran, to include during his Air Force Reserve service, Army or Army Reserve service, and Wisconsin Army National Guard service. If more details are required to conduct such search, the Veteran should be asked to provide the necessary information. The results of such request, whether successful or unsuccessful, should be documented in the claims file, and the Veteran informed of any negative results. 2. Ask the Veteran to identify all medical providers who have treated him for hearing problems; bilateral eye problems; back problems; neck problems; right and left arm problems; right and left hip problems; right and left knee problems; right and left ankle problems; and right and left foot problems, since July 2017. After receiving this information and any necessary releases, obtain copies of the related medical records which are not already in the claims folder. Document any unsuccessful efforts to obtain the records, inform the Veteran of such, and advise him that he may obtain and submit those records himself. 3. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his in-service and post-service symptomatology regarding his claimed bilateral hearing loss; bilateral eye disorders; back disability; neck disability; right arm disability; left arm disability; right hip disability; left hip disability; right knee disability; left knee disability; right ankle disability; left ankle disability; right foot disability; and left foot disability. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 4. Schedule the Veteran for an appropriate VA examination to determine the nature, onset and etiology of his claimed bilateral hearing loss. The entire claims file must be reviewed by the examiner. The examiner must conduct an audiological evaluation, including speech recognition testing, to determine whether the Veteran currently has a hearing loss disability. If hearing loss is identified, the examiner must provide an opinion as to whether it is at least as likely as not that any current hearing loss was incurred during the Veteran’s periods of service, or is the result of exposure to loud noise during his periods of service. Additionally, the examiner must specifically acknowledge and discuss any reports by the Veteran that his hearing loss was first manifested during his periods of service, and has continued since service. 5. Schedule the Veteran for an appropriate VA examination to determine the onset and/or etiology of his claimed bilateral eye disorders. The entire claims file must be reviewed by the examiner. The examiner must diagnose all current right eye disorders and left eye disorders. Based on a review of the claims file, examination of the Veteran, and generally accepted medical principles, the examiner must provide a medical opinion, with adequate rationale, as to whether it is at least as likely as not that any currently diagnosed right eye disorders and left eye disorders are related to and/or had their onset during his periods of service. The examiner must specifically acknowledge and discuss any reports by the Veteran of right eye and left eye problems during and since service. 6. Schedule the Veteran for an appropriate VA examination(s) to determine the onset and/or etiology of his claimed back disability; neck disability; right arm disability; left arm disability; right hip disability; left hip disability; right knee disability; left knee disability; right ankle disability; left ankle disability; right foot disability; and left foot disability. The claims file must be reviewed by the examiner(s). The examiner(s) must diagnose all current back disabilities; neck disabilities; right arm disabilities; left arm disabilities; right hip disabilities; left hip disabilities; right knee disabilities; left knee disabilities; right ankle disabilities; left ankle disabilities; right foot disabilities; and left foot disabilities. Based on a review of the claims file, examination of the Veteran, and generally accepted medical principles, the examiner(s) must provide a medical opinion, with adequate rationale, as to whether it is at least as likely as not that any currently diagnosed back disabilities; neck disabilities; right arm disabilities; left arm disabilities; right hip disabilities; left hip disabilities; right knee disabilities; left knee disabilities; right ankle disabilities; left ankle disabilities; right foot disabilities; and left foot disabilities, are related to and/or had their onset during his periods of service. The examiner must specifically acknowledge and discuss the Veteran’s treatment for back problems during service, and any reports by the Veteran of back problems; neck problems; right and left hip problems; right and left knee problems; right and left ankle problems; and right and left foot problems, during and since his period of service. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. D. Regan, Counsel