Citation Nr: 21067740 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 20-23 022 DATE: November 5, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from April 1953 to April 1955, to include service in the Republic of Korea. This issue was denied by a June 2020 Board decision. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). The Court issued an August 2021 joint motion for remand (JMR) for the Board's failure to comply with its statutory duty to assist and vacated the June 2020 Board decision. As a result, the issue is returned to the Board for appellate review. Entitlement to service connection for bilateral hearing loss is remanded. Remand is required to obtain private treatment records. It is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforced every possible consideration. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim, including making reasonable efforts to obtain relevant private treatment records. 38 C.F.R. § 3.159(c)(1). Remand is also required to obtain an addendum VA opinion, or a new VA examination if necessary. When VA undertakes to obtain an opinion, it must ensure that the opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). A medical opinion is considered adequate "where it is based on consideration of the veteran's prior medical history and examinations and also describes the disability, if any, in sufficient detail so that the Board's evaluation of the claimed disability will be a fully informed one." Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007). Here, the Veteran presented February 2018 private treatment records at his VA audiological examination in March 2018. Also, private treatment records submitted by the Veteran in April 2019 state that the Veteran's treatment plan requires annual audiological evaluations. Therefore, remand is necessary to obtain outstanding treatment records and to obtain an addendum VA opinion, or a new VA examination if necessary. The matters are REMANDED for the following action: 1. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Specifically, request all available, outstanding records from Bayamon Otolaryngology Group. Subsequently, and after securing the proper authorizations where necessary, obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 2. After completing the above records development, obtain an addendum VA opinion, or a new VA examination if necessary, from an appropriate clinician to determine the nature and etiology of the Veteran's bilateral hearing loss. The examiner must opine as to whether the disability is at least as likely as not related to an in-service injury, event, or disease, to include the Veteran's service in Korea and his military occupational specialty (MOS) as a light weapons infantryman. The examiner must address the Veteran's statements of the onset and continuity of symptoms. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Thompson, 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.