Citation Nr: A21020149 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 211130-201422 DATE: December 16, 2021 REMANDED Entitlement to an effective date earlier than March 16, 2021 for the award of service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from September 1966 to August 1968. This matter comes before the Board of Veterans' Appeals on appeal of a September 2021 rating decision that granted the Veteran service connection for bilateral hearing loss, effective March 16, 2021, the date upon which the Veteran's current claim was received. The Veteran's representative contends that that VA has not met its duty to assist the Veteran in the development of his claim. The Veteran's electronic file contains only records received beginning in March 2021, when the Veteran's current service connection claim for bilateral hearing loss was received. However, there is evidence in the file that the Veteran previously filed a service-connection claim for hearing loss in 1974. For example, there is a copy of a June 1975 letter from VA to the Veteran, wherein it states, "The information which you recently submitted is not new and material evidence with which to reopen your claim for service connection for hearing condition." See VBMS entry with document type, "Notification Letter," receipt date 11/30/2021. The copy of this letter appears to have been submitted by the Veteran. Additionally, a VA Form 07-3101, Request for Information, which is dated in March 1974, shows that VA was requesting the Veteran's "available service med[ical] rec[ords] to incl[ude] Enl[istment] + Sep[aration] exams" for an original disability claim. See VBMS entry with document type, "STR Medical," receipt date 03/31/2021, p. 3 (items 18, 21, & 23). This is clear evidence that there are missing records from the Veteran's claims file. In a November 2021 statement, the Veteran wrote that his 1974 claim was denied. The representative states that there may be evidence missing from the record relating to the Veteran's 1974 claim that establishes that the Veteran's prior claim was never finally adjudicated, warranting an earlier effective date for the Veteran's service connection claim herein. The representative has also stated that the Veteran may have records in his possession relating to communications with VA about a previous hearing loss claim that are not of record. The Board agrees that there are records missing from the claims file that may relate to a prior claim for service connection for hearing loss that were never uploaded into the Veteran's electronic claims file based, in part, on the documents described above. As it does not appear that VA has attempted to obtain these records, the Board finds that remand is necessary to obtain any outstanding records and fulfill a pre-decisional duty to assist error. As the Veteran has submitted relevant evidence in his possession, the Board finds that VA should ask him to submit any other evidence he has pertaining to his former claims for service connection for hearing loss. The matter is REMANDED for the following action: 1. Attempt to locate a paper file for the Veteran that contains the documents from the Veteran's 1974 and 1975 claims for service connection for hearing loss. Based on the evidence in the file (described above), it appears he filed a claim for service connection for hearing loss in 1974, which was denied in 1974. He then filed additional evidence in 1975 and was told in June 1975 that such evidence did not constitute new and material evidence. Document the attempts to locate the paper file. 2. Request that the Veteran provide any additional records in his possession relating to the past claims for service connection for hearing loss. Let the Veteran know that the following records are already in the claims file: (1) May 3, 1975 letter signed by J.C.W., Jr.; (2) February 1968 document showing the award of a Purple Heart Medal; (3) May 5, 1975 letter from the Veteran, "Re: Statements of Evidence;" (4) June 10, 1975 letter from VA to the Veteran addressing a May 13, 1974, letter; (5) VA Form 10-2502 Appointment Card showing dates of 12-18-68 and 1-13-69; (6) an undated letter from the Veteran's parents; and (7) an undated letter from the Veteran's brother, J.R.S. The Veteran need not re-submit these documents. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Wonderling, Associate 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.