Citation Nr: 20022579 Decision Date: 04/01/20 Archive Date: 04/01/20 DOCKET NO. 17-11 669 DATE: April 1, 2020 REMANDED Service connection for bilateral hearing loss is remanded. Service connection for tinnitus is remanded. Service connection for a right shoulder disability is remanded. Service connection for bilateral shin splints is remanded. Service connection for a traumatic brain injury is remanded. Entitlement to nonservice-connected pension is remanded. REASONS FOR REMAND The Veteran served on active duty with the U.S. Marine Corps from July 1990 to February 2000 and from March 2001 to November 2004. The Veteran is a recipient of the Purple Heart among other awards and decorations. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. Within a February 2019 VA Form 9, the Veteran elected for a Travel Board hearing but withdrew his hearing request in a January 2020 correspondence. Accordingly, the hearing request has been withdrawn. Entitlement to service connection for bilateral hearing loss, tinnitus, a right shoulder disability, bilateral shin splints, a traumatic brain injury, and to nonservice-connected pension are remanded. Upon review of the record, the Veteran had been scheduled for various VA examinations to address his claims of service connection on appeal, which the Veteran did not attend for various reasons, such as having a change in address resulting in not being notified, or due to being out of town during the scheduled appointments. The Veteran has yet to attend a VA examination to determine the nature and etiology of his claimed disabilities on appeal. The Board finds that remand is necessary for VA examinations prior to rendering a decision on the appeals. However, in affording the Veteran another opportunity to attend a VA examination, the Board reminds the Veteran that VA’s duty to assist is not a one-way street, and that the Veteran must be prepared to cooperate with VA’s efforts in developing his claims. See Olson v. Principi, 3 Vet. App. 480, 483 (1992). Finally, because a decision on the issues of entitlement to service connection could significantly impact a decision on the issue of entitlement to nonservice-connected pension, the issues are inextricably intertwined, and a remand of the pension claim is required. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a new VA examination to determine the nature and etiology of bilateral hearing loss, tinnitus, a right shoulder disability, a traumatic brain injury, and bilateral shin splints. The electronic claims file must be made available to, and be reviewed by, the examiner. The examiner must note such review in the examination report. All necessary tests must be conducted, including any specialty examination warranted. The examiner must review the results of any testing prior to completion of the report. Upon examination, the examiner is requested to determine whether it is at least as likely as not (a 50 percent or greater probability) that currently diagnosed bilateral hearing loss, tinnitus, a right shoulder disability, a traumatic brain injury, and bilateral shin splints were incurred in or caused by service. The Board notes that combat noise exposure is conceded. The examiner must provide a complete explanation for his or her opinions, based on his or her clinical experience, medical expertise, and established medical principles. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and specifically explain whether there is any potentially available information that, if obtained, would allow for a non-speculative opinion to be provided. 2. After the above development has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to non-service-connected pension. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. R. Woodarek The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.