Citation Nr: 18147470 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 17-67 406 DATE: November 5, 2018 REMANDED Service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran’s DD Form 214s and written statements he made in filing other claims for VA compensation indicate that he had active service from September 1959 to May 1980. The Veteran’s service treatment records, however, contain a record of a “separation examination” dated in November 1987. Because this is outside of his documented active service of record in the claims file, his complete personnel records should be obtained, and his service dates should be verified. In addition, outstanding service treatment records corresponding to any newly identified active service periods should also be obtained. Further, the Veteran submitted audiological test results from his private treatment provider, whom the Veteran also indicated discussed with him how his impaired hearing was related to his active service. Complete treatment records from this treatment provider should also be sought as they may contain information needed to help substantiate the Veteran’s claim. Finally, the Veteran was afforded a VA audiological examination in September 2017. The examiner was unable to determine the level of the Veteran’s hearing and declined to state whether the Veteran had hearing loss related to his active service. In declining to opine on the latter of these matters, the examiner indicated that he was unable to render an opinion because audiometric testing results revealed a non-organic hearing loss, but did not explain why non-organic hearing loss would or would not be related to the Veteran’s active service. A new examination is needed for testing to determine whether the Veteran has hearing loss for VA purposes, either organic or non-organic, related to his in-service conceded noise exposure. Further, the examiner stated that the use of Word Recognition Scores was not appropriate for this Veteran, but did not provide a clear explanation for this determination. The matter is REMANDED for the following action: 1. Obtain the Veteran’s service personnel records and verify all his periods of active service, to include periods of active duty for training and inactive duty for training, if applicable. 2. Obtain any outstanding service treatment records, if additional periods of active service are identified pursuant to the above directive. 3. Contact the Veteran and request that he submit or authorize for release all private treatment records from the Orange Park Audiology Clinic. 4. Finally, accord the Veteran a VA audiological examination with appropriate testing. If hearing loss is found, whether it be organic or non-organic, the examiner should state whether it is at least as likely as not (50 percent or greater) that the Veteran’s bilateral or unilateral hearing loss either began during or was otherwise caused by any element of his military service, to include his conceded in-service noise exposure. The examiner is asked to provide a thorough explanation of the rationale underlying any opinion or conclusion expressed. If the results of testing are unreliable or the use of Word Discrimination Scores are not appropriate, the examiner should provide complete rationales for such determinations. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005); Wood v. Derwinski, 1 Vet. App. 190 (1991). His failure to help procure treatment records, for example, may impact the determination made. His failure to report for a VA medical examination may have the same impact. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument, whether himself or through his representative, with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. The law indeed requires that all remands by the Board or the United States Court of Appeals for Veterans Claims are to be handled in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Davidoski, Associate Counsel