Citation Nr: 21003710
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 15-31 032A
DATE: January 22, 2021

REMANDED

Service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1965 to August 1969.

This appeal was most recently before the Board of Veterans’ Appeals (Board) in September 2020 when it was remanded for any outstanding VA medical records and an addendum VA opinion.  While the VA examiner appears to have provided the requested etiological opinion, it does not appear to have been based on a totality of the evidence.  

Regrettably, further development is needed to obtain the Veteran’s treatment records from his Army National Guard service.  VA medical records show a history of bilateral hearing loss since August 2001, with a January 2010 record showing that the Veteran served 16 years in the National Guard.  The August 2012 VA examination report acknowledges the Veteran’s civilian noise exposure as a member of the Army Reserve.  Also, in a January 2002 statement, submitted during the pendency of an earlier claim for service connection for tinnitus (which is not currently before the Board), the Veteran requested that the Agency of Original Jurisdiction (AOJ) obtain his Army National Guard records.  There is no indication that the AOJ has attempted to obtain them.

Although not during the current appeal period, the Veteran has indicated that his Army National Guard service treatment records may be pertinent to his claim for service connection for bilateral hearing loss.  Thus, the AOJ should attempt to obtain them.  The AOJ should also verify his dates of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

Accordingly, this matter is REMANDED for the following action:

1. Obtain the Veteran’s Army National Guard service treatment and personnel records.

2. Verify the Veteran’s dates of ACDUTRA and INACDUTRA during his Army National Guard service.

3. If any Army National Guard service records are obtained, then request an addendum opinion from an appropriate clinician as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s current bilateral hearing loss is related to active service, to include any period of ACDUTRA or INACDUTRA during Army National Guard service.  

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. W. Kim, 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.