Citation Nr: 21005257 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 16-36 065 DATE: February 1, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for left hip disability is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans’ Appeals (Board) from a February 2016 rating decision by the Veterans Affairs (VA) Regional Office (RO). The Veteran served active duty in the Army from January 1991 to April 1991, with service in the National Guard from August 1981 to March 2006 and reserve status from September 1980 to August 1981. The VA must provide a medical examination or obtain a medical opinion 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 that certain diseases manifested 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) there is insufficient competent medical evidence on file for the Secretary to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79 (2006); see also 38 U.S.C. § 5103A(d)(2), 38 C.F.R. § 3.159(c)(4)(i). The third prong, which requires that the evidence of record "indicate" that the claimed disability or symptoms "may be" associated with the established event, disease or injury is a low threshold. McLendon, 20 Vet. App. at 83. There are no current examinations or etiologies in the record for any of the Veteran’s claimed disabilities. For the hearing related issues, she claims they are a result of practice at the firing range, and for her hip issue she says it was related to physical training (PT). She claims both persist currently. Accordingly, the low threshold to get a VA examination is met. The case is remanded to obtain a VA examination. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran's issues on appeal, to specifically include a search for records related to her claimed 1980’s hip injury from the offices of Dr. C. of Toms River, NJ. If any requested records are not available, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 2. Afford the Veteran a VA examination by an examiner with sufficient expertise to determine the nature and etiology of the Veteran’s claimed bilateral hearing loss and tinnitus. All pertinent evidence of record must be made available to and reviewed by the examiner. Any indicated tests and studies should be performed. The examiner must state whether any degree of the Veteran's hearing loss or tinnitus at least as likely as not (a 50 percent probability or greater) originated during her period of active service or is otherwise etiologically related to her active service. The examiner must specifically address the Veteran’s lay statement about the estimated time the Veteran’s claimed disabilities onset, and whether they occurred during training or something else related to service. The examiner must provide a complete rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. 3. Afford the Veteran a VA examination by an examiner with sufficient expertise to determine the nature and etiology of the Veteran's claimed left hip disability. All pertinent evidence of record must be made available to and reviewed by the examiner. Any indicated tests and studies should be performed. The examiner must state whether any degree of the Veteran's left hip disability at least as likely as not (a 50 percent probability or greater) originated during her period of active service or is otherwise etiologically related to her active service. Specifically, the examiner should also address whether her disability was caused or aggravated by her reported knee or back arthritis. The examiner must specifically address the Veteran's lay statements estimating when the claimed disabilities onset, and whether they occurred during training or something else related to service. The examiner must provide a complete rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Rob Schwartz, 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.