Citation Nr: 21069064 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 14-30 913 DATE: November 17, 2021 REMANDED Entitlement to service connection for a right shoulder disorder is remanded. Entitlement to a service connection for a right hip disorder is remanded. Entitlement to service connection for a left hip disorder is remanded. Entitlement to service connection for a bilateral hearing loss is remanded. Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran had active service from October 1975 to October 1978. A videoconference hearing was held before the undersigned Veterans Law Judge in June 2017 for the issues of service connection for a right shoulder disorder, right and left hip disorders, and hearing loss. The hearing transcript is of record. The claims for service connection for the right shoulder and hip disorders and hearing loss were most recently before the Board in July 2020, when the claims were denied. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court), and in June 2021, the issues were vacated and remanded to the Board pursuant to a Joint Motion for Partial Remand (JMR). After consideration of the JMPR, the Board finds the Veteran should be afforded VA examinations to determine whether the Veteran has a bilateral hearing loss disorder and whether any claimed disorder is related to service. Additionally, the record indicates that some treatment records were scanned to VistA imaging, including a February 2015 audiometric summary. These records are not associated with the file; this must be done. The claim for service connection for obstructive sleep apnea was most recently before the Board in May 2021, when it was remanded for additional development. After consideration of the September 2021 appellate brief, the Board finds the matter is intertwined with the claims for service connection for the shoulder and hips and must be held in abeyance pending development related to those claims. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records and the VistA Imaging records, including the February 2015 audiogram. If any requested records are unavailable, the Veteran should be notified of such. 2. Afford the Veteran an examination to determine whether the Veteran has hearing loss related to active service. All pertinent evidence of record must be made available to and reviewed by the examiner. If it is determined that the Veteran has sufficient hearing impairment to qualify as a disability in one or both ears, the examiner should state an opinion as to whether it is at least as likely as not (50 percent probability or more) that the hearing loss began during or is etiologically related to active service. The examiner must provide a rationale for all opinions expressed with consideration of the studies cited by the representative in the December 2018 appellate brief. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. 3. Afford the Veteran appropriate VA examination/s to determine the etiology of the reported right shoulder and hip disorders. All pertinent evidence of record must be made available to and reviewed by the examiner. For any diagnosed orthopedic disorder, the examiner should state an opinion as to whether there is a 50 percent or greater probability that the disorder was incurred in active service or is etiologically related to service. The examiner must provide the rationale for all opinions with consideration of the Veteran's histories and the June 2018 opinions. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Snyder, 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.