Citation Nr: 21069792 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 16-06 375 DATE: November 19, 2021 REMANDED Entitlement to a compensable initial evaluation, and an evaluation in excess of 10 percent, for the period beginning October 25, 2015, for bilateral hearing loss is remanded. Entitlement to service connection for a mouth abscess is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1965 to November 1967. During the period on appeal, the rating for hearing loss was increased to 10 percent, effective October 25, 2015. See December 2015 rating decision. The issue before the Board is as noted above. See AB v. Brown, 6 Vet. App. 35 (1993). The Veteran was scheduled for a Board hearing in September 2021 and was notified of the scheduled hearing in a letter dated in July 2021. In August 2021 an attempt was made to contact the Veteran to offer that the hearing be converted to a Virtual Hearing or offer for the hearing to be postponed. A voicemail was left for the Veteran and there was no response. Thereafter, the Veteran's hearing was cancelled. Therefore, the Board will proceed with the adjudication. 1. Entitlement to a compensable initial evaluation, and an evaluation in excess of 10 percent, for the period beginning October 25, 2015, for bilateral hearing loss is remanded. 2. Entitlement to service connection for a mouth abscess is remanded. The claims are remanded to obtain outstanding treatment records. See 38 C.F.R. § 3.159. A November 2015 VA examination report indicates that the Veteran was being treated by a private Ear, Nose, and Throat (ENT) physician. However, private ENT records dated since May 2011 have not been associated with the record. A February 2015 VA treatment record indicates that the Veteran is treated by a Dr. E.H. at Mt. Regional Family Medicine and an August 2015 VA treatment note indicates that the Veteran has an outside Primary Care Physician and that he had treatment in 2014. Private cardiac records associated with the record indicate that the Veteran's primary care provider is a Dr. M.H. However, private treatment records from the primary care providers have not been associated with the record. Private billing ledger entries regarding the Veteran's dental treatment dated through September 2013 have been associated with the record, but there are no related treatment records dated after January 2003. Multiple VA treatment records indicate that treatment records have been scanned into VISTA Imaging. See, e.g., VA Treatment October 2013 and May 2014. However, complete private treatment records, treatment records scanned into VISTA Imaging, and VA treatment records dated since December 2015, have not been obtained. Service treatment records show that the Veteran was treated for a globulo-maxillary cyst in service. In the August 1967 Report of Medical History at separation, the Veteran reported severe gum trouble. On VA examination in August 2014, the examiner noted a diagnosis of radicular cyst in March 1967 and treatment to remove a cyst in the maxilla associated with teeth in 1967. The Veteran reported chronic abscess in the same area afterward but that he did not seek treatment. The examiner indicated that the Veteran had a scar but no cysts, tumors or evidence of residual infection. Thereafter the examiner noted that there was no documentation of treatment from private practitioners. As additional treatment records are outstanding and are sought above, including ENT and dental records, it is unclear whether the Veteran's claimed mouth abscess disability may have residuals that are a disability for VA purposes. See 38 C.F.R. §§ 3.381, 4.150. After outstanding treatment records are obtained, medical opinions should be obtained that address the nature and etiology of the mouth abcess and the current severity of the hearing loss. The matters are REMANDED for the following action: 1. Take all appropriate action to obtain complete VA treatment records, including records scanned into VISTA Imaging and all records dated since December 2015. 2. Ask the Veteran to complete a VA Form 21-4142 for all relevant private providers, including private Ear, Nose and Throat physician, Dr. E.H., Mt. Regional Family Medicine, private primary care provider, Dr. M.H., and his private dental provider. Make two requests for the authorized records from all relevant private providers, including private Ear, Nose and Throat physician, Dr. E.H., Mt. Regional Family Medicine, private primary care provider, Dr. M.H., and his private dental provider, unless it is clear after the first request that a second request would be futile. 3. After completion of the above, schedule the Veteran for an examination with an appropriate clinician to determine the nature and likely etiology of the claimed mouth abcess. Copies of all pertinent records must be made available to the examiner for review. Based on the examination and review of the record, the examiner must answer the following: (a) Identify any residuals the mouth abscess. (b) Is it at least as likely as not that any identified residuals of the mouth abcess are related to in-service injury, event, or disease. In rendering the opinion the examiner must comment on the prior medical examination of record. If the examiner cannot render an opinion without resort to speculation, the examiner must provide complete rationale. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral hearing loss. The examiner must complete the corresponding VA disability benefits questionnaire (DBQ), provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. M.E. LARKIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Robert J. Burriesci, 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.