Citation Nr: 18148168 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 17-19 686 DATE: November 6, 2018 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for loss of vision is remanded. REASONS FOR REMAND The Veteran had active duty service from April 1970 to August 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 administrative decision. The Board notes that this administrative decision inadvertently discussed a claim for pension benefits. However, the Veteran filed a Notice of Disagreement (NOD) to this administrative decision with regard to the pending claims. Furthermore, a Statement of the Case (SOC) was issued in March 2017 and the Veteran filed a substantive claim, or Form 9, in March 2017. On this form he indicated both that he was appealing all issues addressed in the statement of the case, and also, contradictorily that he was only appealing certain issues and he provided detail only as to the hearing loss and tinnitus claims. The Board resolves doubt in the Veteran’s favor and deems all three issues to be in appellate status. 1. Entitlement to service connection for bilateral hearing loss is remanded; 2. Entitlement to service connection for tinnitus is remanded. 3. Entitlement to service connection for vision loss is remanded. At the outset, the Board notes that the Veteran’s service-treatment records from April to August 1970 are not associated with the claims file. Furthermore, the Veteran indicated that he was an artillery soldier for 39 years during military missions and training exercises and his military personnel records reveal retirement points from 1969 to 2010 for his work in the Army National Guard. However, there is no additional information regarding any additional periods of active duty, IDT (inactive duty training) or ACDUTRA (active duty for training). Furthermore, an RO hearing was conducted in July 2017. However, a copy of the hearing transcript is not associated with the claims file. Accordingly, on remand, the Veteran’s service-treatment records from 1970 and a list of INACDUTRA and ACDUTRA dates and the July 2017 RO hearing transcript should be obtained and associated with the claims file. Lastly, the Veteran’s September 2005 hearing examination revealed right ear hearing loss. Furthermore, he complained of a constant buzzing and ringing in his ears in his March 2017 Form 9. His DD Form 214 indicated that he was a small arms repairman and expert in grenades and a sharpshooter rifle. Given that he may have a present disability related to service, the Board finds that a VA examination is warranted. The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file the Veteran’s service-treatment records from April to August 1970 and for any other period of active service established via the development below. 2. Take all necessary steps to verify the Veteran’s periods of active duty, including active duty for special work, active duty for training (ACDUTRA), and inactive duty for training (IDT) for his work in the Army National Guard. Reserve retirement point sheets are not adequate for this purpose; rather, the specific dates of the Veteran’s active duty for special work, ACDUTRA, and/or IDT service are required. If this information or documentation is unavailable this fact should be documented and a formal finding of unavailability should be made with notice to the Veteran and his representative and they should be given an opportunity to respond. 3. Obtain and associate with the claims file the RO hearing transcript dated in July 2017. 4. After completion of #1, #2, and #3, schedule the Veteran for an audiological examination to determine the nature and etiology of any bilateral hearing loss and tinnitus. The claims file, including this remand, must be reviewed by the examiner and such review should be noted in the examination report. All indicated studies should be performed. Based upon the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s bilateral hearing loss and/or tinnitus is related to his period(s) of active service. The examiner must provide a comprehensive rationale for each opinion provided. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record ERIC S. LEBOFF Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Hurley, Associate Counsel