Citation Nr: 21064306 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 18-21 848 DATE: October 19, 2021 REMANDED Service connection for bilateral hearing loss is remanded. Service connection for bilateral tinnitus is remanded. Service connection for a thoracolumbar spine condition is remanded. Service connection for a cervical spine condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1963 to March 1965. This appeal comes before the Board of Veterans' Appeals (Board) from a July 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) (hereinafter agency of original jurisdiction (AOJ)). This case has been advanced on the docket pursuant to 38 C.F.R. § 20.900 1. Service connection for bilateral hearing loss is remanded. 2. Service connection for bilateral tinnitus is remanded. 3. Service connection for a thoracolumbar spine condition is remanded. 4. Service connection for a cervical spine condition is remanded. The evidence indicates that there may be outstanding relevant VA treatment records. In the December 2016 fully developed claim, the Veteran reported that he was treated at a VA Medical Center in January 1985 and has continued to receive VA treatment for the disabilities on appeal. The AOJ determined that records from January 1985 to May 2005 do not exist. However, the Veteran's claims file contains notes of VA treatment records from August 1981, November 1981, and March 1982, which are located in VistA Imaging. See, e.g. ,CAPRI September 14, 2017 Administrative Note. Therefore, a remand is required to allow VA obtain the noted records, any additonal records from August 1981 to May 2005, and all records located in VistA imaging. Lastly, in the August 2017 Notice of Disagreement, the Veteran submitted an article, which reports that the lack of evidence of hearing loss at the time of noise exposure does not support that a delay in loss in hearing cannot occur. Therefore, the Board cannot make a fully-informed decision on the issues of service connection for bilateral hearing loss and tinnitus because no VA examiner has considered the above report. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from August 1981 to May 2005, including all treatment records located in VistA Imaging. See, e.g., CAPRI September 14, 2017 Administrative Note. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's bilateral hearing loss and/or tinnitus are at least as likely as not related to his in-service noise exposure, specifically his military occupation, where he worked with which large construction machinery without hearing protection. The examiner should specifically address the significance, if any, of the puretone thresholds of 15 decibels in the right ear and 25 decibels in the left ear at 8000 Hertz at separation in light of the 2009 study entitled, "Adding Insult to Injury: Cochlear Nerve Degeneration After 'Temporary' Noise-Induced Hearing Loss," which reports that the lack of evidence of hearing loss at the time of noise exposure does not support that a delay in loss in hearing cannot occur, and normal threshold sensitivity can mask on going and dramatic neural degeneration in noise-exposed ears. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Patrick C. Brady, 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.