Citation Nr: 21070171 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 18-29 475 DATE: November 23, 2021 REMANDED Entitlement to service condition for an ear drum disability is remanded. Entitlement to service connection for a hearing disability is remanded. REASONS FOR REMAND The Veteran had active service from May 1976 to August 1976. This matter is on appeal from a September 2016 rating decision. The Veteran testified before the undersigned at hearing in November 2021. The Veteran testified that he injured his ear drum and experienced hearing loss in service during grenade exercises. He testified that he has experienced hearing loss ever since service. VA must provide a VA medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 86 (2006). The threshold for determining whether the evidence "indicates" that there "may" be a nexus between a current disability and an in-service event, injury, or disease is a low one. Id., at 83. The Board finds that he is entitled to receive a VA examination to determine if there is a nexus to service for his claimed disabilities. Accordingly, the Board finds that a remand is necessary. The Board emphasizes that it is not determining whether or not the Veteran's statements regarding his hearing loss and continuity of symptoms are credible at this time, as the additional development set forth in the directives below could impact that determination. The Veteran stated that he did not receive treatment at VA, and instead saw outside providers. Additionally, a remand is necessary to attempt to obtain the Veteran's private medical records are in the claims file. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for his private medical records and make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 2. Schedule the Veteran for an examination with an appropriate clinician for his ear drum disability. The entire claims file and a copy of this remand must be made available to the examiner for review. The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's ear drum disability began during active service or is related to an incident of service, including his participation in grenade exercises. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 3. Schedule the Veteran for an examination with an appropriate clinician for his hearing loss disability. The entire claims file and a copy of this remand must be made available to the examiner for review. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran's hearing loss disability began during active service, is related to an incident of service, including his participation in grenade exercises. A negative opinion may not be based solely on normal hearing at separation. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 4. Then, readjudicate the claims. If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response. Then return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Brunot, 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.