Citation Nr: 18156594 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 13-33 951A DATE: December 10, 2018 REMANDED Entitlement to service connection for a back disorder is remanded. Entitlement to service connection for a psychiatric disorder claimed as anxiety and/or depressive disorder is remanded. Entitlement to service connection for stomach disorder is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1986 to August 1986, September 1990 to May 1991 and from May 1994 to November 1994, with service in Southwest Asia during the Gulf War. This matter comes before the Board from a May 2013 rating decision. In January 2017 the Veteran’s representative appeared at a hearing before the undersigned unaccompanied by the Veteran and withdrew the Veteran’s request to appear at the hearing but also suggested that the Veteran wished to withdraw his appeal. In August 2018 the Board sent the Veteran a letter asking him to clarify whether he wished to withdraw this issues on appeal, giving him 30 days to respond before proceeding with adjudication. The Veteran failed to respond; hence the Board shall continue to adjudicate the appeal. All issues: The development is incomplete regarding all issues on appeal. The Veteran has cited having received VA treatment in Saginaw, Michigan for these issues. However, a review of the evidence does not reflect that these records have been obtained by the VA, nor has any attempt been shown to have made by the VA regarding these records in VA’s constructive possession. As these records could potentially contain evidence pertinent to this claim, remand is necessary to obtain these records. 1. Entitlement to service connection for a back disorder is remanded. The Board notes that the Veteran has not provided any details as to his theory of entitlement to service connection for this claimed disability, beyond a statement in the June 2012 Application for Compensation where he stated his back problems began in January 1992. Thus, on remand, the Veteran should be provided an opportunity to provide additional evidence, including his contentions as to a theory of entitlement. 2. Entitlement to service connection for a psychiatric disorder is remanded. The Board notes that the Veteran has not provided any details as to his theory of entitlement to service connection for this claimed disability, beyond a statement in the June 2012 Application for Compensation where he stated his psychiatric problems began in January 1991. Thus, on remand, the Veteran should be provided an opportunity to provide additional evidence, including his contentions as to a theory of entitlement. The Board notes that while service treatment records are silent for psychiatric problems, he is noted to have reported nightmares/trouble sleeping in an April 1991 Gulf War questionnaire. See 67 pg. STRs at pg. 20.   3. Entitlement to service connection for stomach disorder is remanded. The Board notes that the Veteran has not provided any details as to his theory of entitlement to service connection for this claimed disability, beyond a statement in the June 2012 Application for Compensation where he stated his stomach problems began in January 1991. Thus, on remand, the Veteran should be provided an opportunity to provide additional evidence, including his contentions as to a theory of entitlement. 4. Entitlement to service connection for bilateral hearing loss is remanded. The Board notes that the Veteran has not provided any details as to his theory of entitlement to service connection for this claimed disability, beyond a statement in the June 2012 Application for Compensation where he stated his hearing loss problems began in January 1992. Thus, on remand, the Veteran should be provided an opportunity to provide additional evidence, including his contentions as to a theory of entitlement. The Board notes that while audiograms taken during service were negative for hearing loss, he was treated for ear pain associated sore throat in June and July 1993. See 67 pg. STRS pg. 15-18. 5. Entitlement to service connection for tinnitus is remanded. The Board notes that the Veteran has not provided any details as to his theory of entitlement to service connection for this claimed disability, beyond a statement in the June 2012 Application for Compensation where he stated his tinnitus began in January 1991. Thus, on remand, the Veteran should be provided an opportunity to provide additional evidence, including his contentions as to a theory of entitlement. The Board notes that while audiograms taken during service were negative for hearing loss, he was treated for ear pain associated sore throat in June and July 1993. See 67 pg. STRS pg. 15-18.   The matters are REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records from Saginaw, Michigan pertinent to the claimed issues up to up to the present. 2. Contact the Veteran at his most recent address of record and request that he clarify and/or provide additional information as to why he believes entitlement to service connection for the above five service connection issues. If there outstanding VA or non-VA treatment records, request that the Veteran submit them or provide authorizations to allow VA to obtain them. (Continued on the next page)   3. After completing the above, undertake any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, to include scheduling VA examinations to ascertain the etiologies of the enumerated disorders should the above development disclose evidence of service incurrence that warrants such examination(s). Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Eckart, Counsel