Citation Nr: A21020299 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 210610-165286 DATE: December 21, 2021 REMANDED 1. Entitlement to service connection for bilateral lung cancer, to include as due to exposure to Agent Orange (AO)/herbicides, is remanded. 2. Entitlement to service connection for irritable bowel syndrome, to include as due to AO/herbicides, is remanded. 3. Entitlement to service connection for mantle cell lymphoma, to include as due to exposure to AO/herbicides, is remanded. 4. Entitlement to service connection for squamous cell skin cancer, to include as due to exposure to AO/herbicides, is remanded. 5. Entitlement to service connection for back pain and surgery (lumbar spine disability) is remanded. 6. Entitlement to service connection for neck surgery (cervical spine disability) is remanded. 7. Entitlement to service connection for a left leg pain disability is remanded. 8. Entitlement to service connection for a right leg pain disability is remanded. 9. Entitlement to service connection for bilateral hearing loss disability, to include as associated with mantle cell lymphoma, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1960 to April 1963. In the June 2021 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. Evidence was added to the claims file during a period of time when new evidence was not allowed. As the Board is remanding the claims for further development, this additional evidence will be considered by the RO in the adjudication of those claims. 1. Entitlement to service connection for bilateral lung cancer, to include as due to exposure to AO/herbicides. 2. Entitlement to service connection for irritable bowel syndrome, to include as due to AO/herbicides. 3. Entitlement to service connection for mantle cell lymphoma, to include as due to exposure to AO/herbicides. 4. Entitlement to service connection for squamous cell skin cancer, to include as due to exposure to AO/herbicides. 5. Entitlement to service connection for a lumbar spine disability. 6. Entitlement to service connection for a cervical spine disability. 7. Entitlement to service connection for a left leg pain disability. 8. Entitlement to service connection for a right leg pain disability. 9. Entitlement to service connection for bilateral hearing loss disability, to include as associated with mantle cell lymphoma. As to all of the Veteran's claims, the Board notes that the claims file documents that the Veteran began receiving disability benefits from the Social Security Administration (SSA) in January 2004. The record does not document that the AOJ attempted to obtain those records prior to issuing the November 2020 rating decision. As these records may be relevant to the claims, the Board finds a pre-decisional duty to assist error has been made, and the claims must be remanded to attempt to obtain the Veteran's SSA records. Furthermore, as to the claim for a bilateral hearing loss disability, the Board notes that the Veteran has not been provided a VA examination. The AOJ found that the Veteran had a qualifying event in service, noting that the Veteran's job in service was sufficient to concede noise exposure. The Board is bound by this favorable finding. See 38 C.F.R. § 3.104(c). A review of the claims file, specifically private treatment records from July and August 2014, document that the Veteran has a current hearing loss disability. As these two elements of service connection raise a reasonable possibility that the Veteran's current hearing loss disability may be at least as likely as not related to his service, the Board finds that a pre-decisional duty to assist error was made in not providing the Veteran with a VA examination. The matters are REMANDED for the following action: 1. Obtain the Veteran's federal records from SSA. Document all requests for information as well as all responses in the claims file. 2. Schedule the Veteran for a VA examination for his claimed bilateral hearing loss. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Is any diagnosed bilateral hearing loss at least as likely as not related to service, including the Veteran's conceded noise exposure in service? (b) Is it at least as likely as not that any diagnosed bilateral hearing loss disability (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? The examiner is asked to provide a rationale for each opinion given, including providing the medical principles and evidence relied upon for each opinion. If the examiner is unable to provide an opinion without resorting to speculation, he or she should explain why this is so and what, if any, additional evidence would be necessary before an opinion could be rendered. D. C. JOHNSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Keninger, 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.