Citation Nr: 21004671
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 17-60 255
DATE: January 27, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1959 to July 1963.

In June 2020, the Board most recently remanded the issues below on appeal for further development, and the case has since been returned to the Board. The Board finds that, in part, the AOJ has not substantially complied with the remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998)

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

The Board of Veterans' Appeals (Board) remanded this matter in June 2020 to, in pertinent part, obtain the Veteran’s hearing test results from his civilian employer. Although one letter was sent to the Veteran to obtain these records in June 2020, it does not appear that the regional office (RO) made more than one attempt to locate the Veteran's records. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

On remand, another attempt should be made to obtain the Veteran's hearing test results from his civilian employer as these may be beneficial to his claim.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for the Veteran’s hearing test results from his civilian employer. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

2.  Readjudicate the appeal.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. A. Elliott II, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.