Citation Nr: 21004340 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 15-37 874 DATE: January 26, 2021 REMANDED Entitlement to service connection for hemorrhoids is remanded. Entitlement to service connection for a right ear disability, to include hearing loss, is remanded. Entitlement to service connection for a thyroid disability, to include hypothyroidism, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1978 to August 1981. The Veteran also had service in the National Guard. This appeal comes to the Board of Veterans’ Appeals (Board) from a June 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board issued a decision in April 2019 which, in pertinent part, denied service connection for the issues on appeal. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Order granting a Joint Motion for Partial Remand (JMPR) the Court vacated the Board’s April 2019 decision to the extent that it denied service connection for the issues currently on appeal and remanded those issues to the Board for additional development. In accordance with the Court’s August 2020 Order, the Board finds that a remand is necessary for further development before this matter can be adjudicated. 1. Entitlement to service connection for hemorrhoids is remanded. As an initial matter, Service Treatment Records (STRs) indicate that the Veteran served in the Army National Guard, however, it is unclear if all STRS have been associated with the claims file. The RO should obtain the Veteran’s complete STRs, to include STRs for any period where the Veteran served in the Army National Guard and associate those records with the claims file. Additionally, as directed in the JMPR, the RO should obtain all outstanding VA treatment records, to include treatment records from VAMC Orlando for the period prior to October 2013. Next, the Veteran underwent a VA examination in May 2013 for her claimed hemorrhoid disability. Pursuant to the JMPR, the May 2013 examination report is inadequate as it did not discuss a September 1979 service treatment record indicating that the Veteran reported blood in her fecal matter. 2. Entitlement to service connection for a right ear disability, to include hearing loss, is remanded. The 2019 Board decision denied the right ear disability claim for lack of a current disability. The Veteran last underwent a VA examination in May 2013 for her claimed right ear disability. The May 2013 examiner indicated that the Veteran’s hearing did not impact any of the ordinary conditions of her life, including her ability to work. The Veteran indicated in her November 2015 VA Form 9 that her hearing affected her while working and at home. As the Veteran has indicated in her VA Form 9 that her hearing has gotten worse since her May 2013 VA examination, a new VA examination is needed. See Caffrey v. Brown, 6 Vet. App. 377 (1995); Green v. Derwinski, 1 Vet. App. 121 (1991). 3. Entitlement to service connection for a thyroid disability, to include hypothyroidism, is remanded. The Veteran underwent a VA examination in May 2013 for her claimed thyroid disability. At the May 2013 examination, the Veteran stated that a thyroid problem was noted in 1996, but the examiner stated that the only associated symptom noted in 1996 was throat trouble. However, the Veteran also reported symptoms of weight loss and tremors in 1997. As the May 2013 VA examiner did not address the Veteran’s reported symptoms of weight loss and tremors, the May 2013 VA opinion is inadequate, and the RO should obtain a new option on remand addressing the Veteran’s reported symptoms. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service treatment records, to include documents pertaining to the Veteran’s service in the Army National Guard. Document all requests for information as well as all responses in the claims file. 2. Obtain any outstanding VA treatment records for the Veteran, to include treatment records from VAMC Orlando prior to October 2013. 3. Schedule the Veteran for a VA examination for her claimed hemorrhoid disability. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is the Veteran’s claimed hemorrhoid disability at least as likely as not related to her active duty service? The examiner must address the September 1979 STR noting blood in the Veteran’s fecal matter. Provide a rationale to support any opinion provided. 4. Schedule the Veteran for a VA examination for her claimed right ear disability, to include hearing loss. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Is the Veteran’s claimed right ear disability at least as likely as not related to her active duty service? The examiner must address the Veteran’s report of symptoms related to her claimed right ear hearing loss and how it affects her while working and at home. Provide a rationale to support any opinion provided. 5. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran has a thyroid disability which is at least as likely as not related to her active duty service. The examiner must address the Veteran’s throat trouble noted on her 1996 entrance Report of Medical History, as well as the Veteran’s report that a thyroid problem was (Continued on the next page)   noted in 1996 and her reported symptoms of weight loss and tremors in 1997. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Boal, 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.