Citation Nr: 21008300 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 16-27 053 DATE: February 16, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1962 to April 1964, to include service in the Republic of Vietnam. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a February 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In February 2017, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. In September 2017, the Board issued a decision denying the Veteran’s claim. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2019 Order, the Court vacated and remanded the Board’s decision for compliance with the instructions in a Joint Motion for Partial Remand (JMR). In July 2019, the Board issued a decision again denying the Veteran’s claim. The Veteran appealed to the Court and in a September 2020 Order, the Court vacated and remanded the Board’s decision for compliance with the instructions in a JMR. The most recent JMR indicates that medical records relating to the Veteran’s hearing loss should be associated with his file, to include records from the Chillicothe, Ohio VA Medical Center (VAMC) and a Dr. Toom. On remand, an additional medical opinion should also be obtained. The matter is REMANDED for the following action: 1. With the Veteran’s assistance, obtain any outstanding treatment records, to include records from the Chillicothe, Ohio VAMC prior to April 2016, any other VA facility identified by the Veteran, Dr. Toom, and his current treating physician. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current hearing loss disability arose during service or is otherwise related to service, to include as due to noise exposure from helicopters as a mechanic. The Veteran also asserts he was exposed to gunfire and explosions from hand grenades, artillery, and mortars. The Veteran and his wife assert that he had trouble hearing beginning while he was still in service. It is noted that service was prior to 1967 such that hearing testing was recorded using ASA rather than ISO-ANSI standards. The examiner should explain why the Veteran’s current bilateral hearing loss is or is not merely a delayed response to in-service noise exposure. A discussion of medical literature would be helpful. The need for an examination is left to the discretion of the examiner. A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Russell P. Veldenz, 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.