Citation Nr: 21032563 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 15-12 050 DATE: May 27, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for depression as secondary to bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1975 to January 1976. This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). A Board hearing was held before the undersigned in August 2018. A transcript of the hearing is of record. This matter was previously before the Board in March 2019 and October 2020 when it was remanded for further development. Entitlement to service connection for bilateral hearing loss is remanded. Although the additional delay is regrettable, the Board finds an additional remand is required as there may be outstanding records pertinent to the Veteran's claim. Specifically, the record reflects that the Veteran submitted VA Form 21-4142, Authorization for Release of Information, in December 2019 and indicated that he had received treatment from Dr. W.R. beginning in 1991. On a February 2020 Report of General Information, the RO noted that they had made contact with the facility and were informed there was no record of treatment for the Veteran in 1991, but indicated that there was a record of treatment in 2014. However, the 2014 record is not in the file and there is no further documentation regarding any attempts by the RO to obtain the record. As the record may contain information pertinent to the Veteran's claim, the Board finds remand is required. In addition, in a July 2018 statement, the Veteran reported that he had retired on disability, noting that Social Security Administration (SSA) records should be available. On remand, the RO should also attempt to obtain any SSA records for the Veteran. 2. Entitlement to service connection for depression is remanded. Service connection for depression was denied by the April 2013 rating decision. When liberally construed, written statements in conjunction with evidence submitted by the Veteran in October 2013 and March 2014 indicate the Veteran disagreed with the denial of service connection for depression, as he alleged that his depression was secondary to his hearing loss. 38 C.F.R. §§ 19.21, 19.26. Since the Agency of Original Jurisdiction has not yet issued a statement of the case (SOC) in this matter, the Board must remand the claim for such issuance. 38 C.F.R. § 20.904(c); see Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: 1. With any needed assistance from the Veteran, including asking that he complete a VA Form 21-4142, obtain 2014 private treatment records from Dr. W.R., at Florida Hospital Centra Care referenced in a February 2020 Report of General Information. All attempts to secure these records must be documented in the record. If the records requested are unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e). 2. Obtain from the SSA complete copies of all relevant records pertaining to the Veteran's SSA disability benefits claim, including all medical evidence considered in making the decision, and a copy of the decision granting SSA disability benefits. All attempts to secure these records must be documented in the record, and the Veteran must be notified of the unavailability of any records in accordance with 38 C.F.R. § 3.159(e). 3. Issue an SOC as to the matter seeking service connection for depression as secondary to hearing loss. Advise the Veteran and his representative of his appeal rights. If an appeal is perfected in this matter, the case should be returned to the Board, if otherwise in order. M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Jiggetts 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.