Citation Nr: 21063536
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-35 322A
DATE: October 14, 2021

REMANDED

1. Entitlement to service connection for bilateral hearing loss is remanded.

2. Entitlement to service connection for tinnitus is remanded.

REASONS FOR REMAND

The appellant is the surviving spouse of a Veteran who served in the Army Reserves (including on active duty for training (ACDUTRA) from June 1957 to December 1957), and later in the Army National Guard.  He is a Veteran by virtue of having established service connection for a compensable disability.  He died in December 2020, and the appellant has been substituted for him as claimant appellant for the purpose of pursuing these claim to final resolution.  These matters are before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision, which denied service connection for bilateral hearing loss and tinnitus.  In March 2020 the Board remanded these claims for further development.  [The Board also remanded the matter of entitlement to service connection for a right foot disorder for issuance of a statement of the case (SOC).  A SOC was issued in May 2020.  However, a timely substantive appeal was not received; therefore, that issue is not before the Board.]

Regarding claims of service connection for bilateral hearing loss and tinnitus, in September 2020, the Veteran reported he was receiving treatment at the "Wiregrass VA Clinic at Fort Rucker, Alabama", and requested VA to obtain current records of such treatment.  The record also shows that the Veteran had received Social Security Administration (SSA) disability benefits.  Records pertaining to his application for, and award of, SSA disability benefits (including medical records considered) are not in the claims file. They are constructively of record; because the Board is unable to find that such records would not be relevant, they must be sought.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).

The matters are REMANDED for the following action:

1. With any necessary identification of providers (and authorization for VA to seek private records) by the appellant, secure for the record all outstanding VA and private medical records of treatment the Veteran received for hearing loss and tinnitus.

Also secure for the record the "current medical records from the Wiregrass VA Clinic in Fort Rucker, Alabama" the Veteran identified as pertinent, and asked VA to obtain, in September 2020.

2. Secure for the record from SSA the complete records pertaining to the Veteran's award of SSA disability benefits, including the determination made and all medical records considered in connection with the award. If the records are unavailable, the reason for their unavailability must be noted in the record, and the appellant should be so notified.

3. . Review all additional records received; arrange for any further development that might be suggested by the information in those records (e.g., obtain any further records or a medical opinion, if one is deemed necessary); and readjudicate the remanded claims considering all additional evidence received.

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Berryman, 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.