Citation Nr: 20030141 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 14-24 815 DATE: April 29, 2020 REMANDED Entitlement to an initial compensable disability rating for right ear hearing loss is remanded. Entitlement to service connection for a low back strain is remanded. Entitlement to service connection for a left foot condition is remanded. Entitlement to service connection for a right foot condition is remanded. Entitlement to service connection for a left knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1993 to November 1997, with additional service in the Reserves and National Guard. This matter originally came to the Board of Veterans’ Appeals (Board) on appeal from a March 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Board remanded the issues for additional development. When the Board remands an appeal, the Veteran has a right to compliance with its remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Although the Board regrets additional delay, the issues are again remanded to the Agency of Original Jurisdiction (AOJ) for compliance with the May 2018 Board remand instructions and VA’s duty to assist. In its May 2018 remand, the Board instructed the AOJ to obtain outstanding VA and private treatment records. Specifically, the AOJ was instructed to obtain the puretone and speech audiometry results from a May 2017 audiology examination. However, the most recent VA treatment records associated with the Veteran’s claims file, excluding Compensation and Pension examination reports, are through August 2017 and were obtained in February 2018, prior to the Board remand. Accordingly, a remand is necessary to ensure compliance with VA’s duty to assist. In addition, as the matters are being remanded, VA should make another attempt to obtain any necessary authorization from the Veteran to obtain any outstanding private treatment records, to include those from Concentra Medical Facility. However, the Veteran is reminded that the duty to assist is a two-way street and requires active participation in a claim for VA benefits. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Furthermore, as additional relevant treatment records may be associated with the claims file, an addendum opinion should be obtained in regard to the Veteran’s claims for service connection for a low back strain, bilateral feet conditions, and a left knee condition, addressing any additional evidence associated with the record. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records, to include the May 2017 audiology examination report and all records since August 2017. 2. Request any necessary authorization from the Veteran to obtain outstanding private treatment records. At least two attempts to obtain records from any identified sources should be made. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. 3. After the above records development has been completed, return the Veteran’s claims file to the examiner who conducted the Veteran’s back, feet and knee examinations in June 2019 in order to obtain an addendum opinion. If the June 2019 examiner is no longer available, arrange for an opinion from an appropriate substitute examiner. The examiner should address the additional evidence and note whether, and to what extent, such evidence affects the previous medical opinions offered for the Veteran’s claims for service connection for a low back strain, bilateral feet, and left knee conditions. A complete rationale should be given for all opinions and conclusions expressed. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. B. Smith, Associate Counsel 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.