Citation Nr: 21015098 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 13-30 583 DATE: March 16, 2021 REMANDED The issue of entitlement to service connection for right ear hearing loss is remanded. The issue of entitlement to service connection for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1972 to August 1975. The Veteran and his spouse testified before the undersigned Veterans Law Judge during a January 2017 videoconference hearing; a transcript is of record. The Board denied the Veteran’s claim for service connection for right ear hearing loss and remanded the claim for TDIU in September 2019. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (CAVC); and in October 2020, the Secretary and the Veteran filed a Joint Motion for Partial Remand (JMPR) which was granted by the CAVC in an October 2020 Order. The parties to the JMPR determined that the Board failed to ensure that VA fulfilled its duty to assist in providing an adequate examination because VA examiners did not provide well-reasoned medical rationales. The case was remanded for the Board to direct the Agency of Original Jurisdiction (AOJ) to afford the Veteran a new VA examination to provide a well-reasoned medical explanation. 1. The issue of entitlement to service connection for right ear hearing loss is remanded. As directed by the October 2020 CAVC order, the AOJ must schedule a VA examination and obtain a medical opinion on the etiology of the Veteran’s right ear hearing loss with a well-reasoned medical explanation. 2. The issue of entitlement to TDIU is remanded. Per the September 2019 Board remand, the AOJ requested, at least twice, that the Veteran complete an enclosed VA Form 21-8940 and provide a statement describing his employment history, education history, and vocational attainment, for the pertinent information found in the evidence of record is incomplete, insufficient, or inconsistent in order for VA to adjudicate the issue. A review of the claims file indicates that the Veteran has not responded to this request to the present. It is noted that the present record provides no basis to allow this claim, without the additional evidence requested. As this issue is possibly intertwined with the service connected issue being remanded, further consideration will be deferred and the Veteran offered another opportunity to present the requested information. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his right ear hearing loss. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Is his current right ear hearing at least as likely as not related to service, including reported in-service noise exposure? (b) Is his current right ear hearing at least as likely as not proximately due to or aggravated beyond natural progression by a service-connected disability? Provide a rational well-supported by medical knowledge and facts found in the claims file for any opinion expressed. 2. Ask the Veteran to submit a statement describing his employment history, education history, and vocational attainment. Appropriate forms should be provided as indicated, to include his history and allow contact with employers. Recent “home health” field experience should be detailed as to time, place, type of employment and hours worked per week. Any pertinent follow-up with recent past employers may be undertaken as indicated. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. Taylor, 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.