Citation Nr: 21070283 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 17-12 808 DATE: November 23, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1970 to September 1971. These matters are before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). An August 2020 Board decision denied service connection for bilateral hearing loss. The Veteran appealed the Board's decision to the United States Court for Veterans Claims (CAVC). In a July 2021 CAVC-approved Joint Motion for Partial Remand (JMPR), CAVC vacated the Board's decision and found the duty to assist had not been satisfied because the Agency of Original Jurisdiction (AOJ) did not make reasonable efforts to obtain the Veteran's employment records from Willamette Industries/Weyerhaeuser Corporation. The JMPR did not disturb the portion of the Board's decision which granted service connection for tinnitus. 07/26/2021, CAVC Decision. In March 2015, the Veteran submitted an Authorization and Consent form for "Willamette Industries Foster Division KNA: Weyerhaeuser Corp." from November 1974 through December 1992. 04/21/2015, VA 21-4142 Authorization for Release of Information. Subsequently, the Veteran indicated that he submitted a request for his employment hearing tests from Willamette Industries/Weyerhaeuser Corporation to show he had hearing loss when he began employment with them shortly after his discharge from service. 07/23/2015, NOD. Upon review, the RO did not make adequate attempts to obtain the Veteran's employment records from Willamette Industries/Weyerhaeuser Corporation or its successor. Likewise, the Veteran was last afforded a VA examination in April 2015 which, likewise, did not consider the aforementioned records. Accordingly, if such records are available and have been associated with the claims file, the Board finds that another VA examination is necessary to determine the nature and etiology of the Veteran's bilateral hearing loss. This matter is REMANDED for the following actions: 1. Obtain any outstanding VA treatment records. Additionally, request the Veteran to submit any relevant private treatment reports or provide VA with authorization to obtain any such records. 2. Obtain the Veteran's employment and medical records from Willamette Industries/Weyerhaeuser Corporation or its successor. See 04/21/2015, VA 21-4142 Authorization for Release of Information. Make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in his possession. 3. After completing directives # 1 and 2, and following the receipt of outstanding records from Willamette Industries/Weyerhaeuser Corporation or its successor, schedule the Veteran for audiological examination by an appropriate audiologist to determine the nature and etiology of any bilateral hearing loss disability. The examiner is to provide an opinion whether it is at least as likely as not related to the Veteran's period of active service. A comprehensive rationale for all opinions is to be provided. All pertinent evidence, including both lay and medical, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David Han 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.