Citation Nr: 20052901 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 10-33 853 DATE: August 10, 2020 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1982 to October 1985. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a December 2007 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. In the August 2010 VA Form 9, Substantive Appeal, the Veteran requested a Decision Review Officer (DRO) hearing at the local VA RO and requested a Board hearing. This case was previously before the Board in March 2104 and August 2016 in which the case was remanded for further development. In April 2003, the Veteran filed his claim for service connection for hearing loss. In the August 2003 rating decision, the RO denied the Veteran’s hearing loss claim. The August 2003 rating decision became final. In the December 2007 rating decision, the RO denied reopening the Veteran’s previously denied hearing loss claim. In the August 2010 VA Form 9, Substantive Appeal, the Veteran requested a Decision Review Officer (DRO) hearing at the local VA office and a Board hearing. In the March 2014 Board decision, the Board remanded the hearing loss claim for a new DRO hearing by sending appropriate notification to the Veteran’s new address. In the August 2016 Board decision, the Board found sufficient new and material evidence to reopen the Veteran’s hearing loss claim. In addition, the Board remanded the hearing loss claim directing the RO to schedule a DRO hearing with notification to the Veteran at his current address, obtain treatment records since November 2007 from any VA healthcare facility, schedule a VA examination with an audiologist, and readjudicate the claim. In March 2017, the Veteran underwent a VA examination with an audiologist. In November 2019, the Veteran’s VA treatment records from May 2018 to October 2019 were associated with the claims file. However, the claims file does not indicate the RO scheduled a DRO hearing nor sent a notification of such a hearing to the Veteran, as directed by the August 2016 Board decision. Consequently, the Board again remands the Veteran’s bilateral hearing loss claim for a new DRO hearing with appropriate notification sent to the Veteran’s correct address. The Board notes the Veteran’s military service records are not associated with the claims file. Accordingly, while the Board regrets further delay, the Veteran’s military service records need to be obtained and associated with the file, and a new DRO hearing needs to be scheduled at the next available opportunity with appropriate notification to the Veteran before a decision may be rendered as to the Veteran’s service connection claim for bilateral hearing loss. The matters are REMANDED for the following action: 1. Schedule the Veteran for a DRO hearing with notification to his correct address. 2. Obtain the Veteran’s military service records and associate them with the claims file. 3. After completing the foregoing and any other development necessary, readjudicate the Veteran’s claim for bilateral hearing loss. 4. If any benefit sought on appeal remains denied, a Supplemental Summary of the Case (SSOC) should be furnished to the Veteran and his representative, and he and his representative should be afforded a reasonable opportunity to respond. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Agarwal, 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.