Citation Nr: 21066329 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 15-46 236 DATE: October 29, 2021 REMANDED Entitlement to service connection for gastrointestinal disability, claimed as gastroesophageal reflux disease (GERD), is remanded. Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from August 1979 to August 1982. This matter comes before the Board of Veterans' Appeals (Board) on appeal from November 2015 and May 2012 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board. In a November 2020 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In a June 2021 Order, the Court granted a Joint Motion of the parties, vacated the Board's decision, and remanded the case to the Board for action consistent with the Joint Motion. In February 2019, the Veteran testified at hearing held before a Veterans Law Judge. In September 2021, the Board notified the Veteran that the Veterans Law Judge who chaired the February 2019 was no longer employed by the Board and offered him the opportunity to testify at another hearing. The Veteran did not respond within the 30-day period set forth in the letter and the Board will thus proceed to adjudicate the Veteran's appeal based on the current record. In the June 2021 Joint Motion, the parties agreed that the examinations relied upon by VA in denying the Veteran's claim were inadequate. As such, new VA examinations to determine the nature and etiology of the Veteran's disabilities are warranted. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file. 2. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his in-service and post-service hearing and gastrointestinal problems. The Veteran should be provided an appropriate amount of time to submit this lay evidence 3. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any gastrointestinal impairment, to specifically include GERD. Any indicated studies must be performed. The examiner must provide an opinion as to whether it is at least as likely as not that any gastrointestinal impairment, to specifically include GERD, had its onset during active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must consider and address the Veteran's lay reports that that he continued to experience symptoms following the December 1980 complaint and had gastroesophageal problems following service. 4. Schedule the Veteran for a VA examination to determine the nature, onset and etiology of the Veteran's hearing loss. Any indicated studies must be performed. The examiner must provide an opinion as to whether it is at least as likely as not that any bilateral hearing loss had its onset during active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must acknowledge and discuss the impact of the Veteran's in-service acoustic trauma. In doing so, the examiner must specifically consider that the Veteran's personnel records and his report of his military duties evidence significant noise exposure during active duty while working in the motor pool. Moreover, the Veteran's military occupational specialty (MOS) was a calvary scout, which the Board has determined has a high probability of hazardous noise exposure The examiner must also consider and address the etiology of the underlying cause of the Veteran's hearing loss, cholesteatoma, Finally, the examiner must acknowledge and discuss any lay evidence regarding the onset of the Veteran's hearing problems. This must specifically include the Veteran's competent report that he has experienced hearing loss since service. The rationale for all opinions expressed must be provided. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. Umez-Eronini, 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.