Citation Nr: 21032807
Decision Date: 05/28/21	Archive Date: 05/28/21

DOCKET NO. 15-18 189
DATE: May 28, 2021

REMANDED

Entitlement to service connection for a bilateral hearing loss disability is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1982 to January 1985.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In May 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing.  A transcript of his testimony is of record.

This case was previously before the Board in September 2019, when it was remanded for additional development. 

1. Entitlement to service connection for a bilateral hearing loss disability is remanded.

On January 16, 2020, the Veteran's representative submitted a VA Form 21-4142 authorizing VA to obtain records from Dr. McClean, St. Vincent Birmingham, Therapy South Chelsea, and Brookwood Baptist Health Occupational Medicine. A January 23, 2020 VA memorandum indicates that the records release was rejected  by the "PMR Contractor" for an invalid signature, as it was signed by the Veteran's representative rather than the Veteran.  While the Veteran was requested to complete a VA Form 21-4142 in a January 29, 2020 correspondence, it does not appear that the Veteran or representative were informed that the January 16, 2020 VA Form     21-4142 had been rejected.  Accordingly, a remand is warranted to ensure reasonable efforts are made to obtain the outstanding records. 

The matters are REMANDED for the following action:

Ask the Veteran to provide the names and addresses of  all medical care providers who have recently treated   him for his claimed hearing loss disability, including     the providers listed on the January 16, 2020 VA Form  21-4142.  After securing any necessary releases, request any relevant records identified. In addition. If any requested records are unavailable, the Veteran should    be notified of such.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Anderson

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.