Citation Nr: 22017457 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 18-10 973 DATE: March 25, 2022 REMANDED Whether new and material evidence has been received to reopen service connection for bilateral hearing loss is remanded. Entitlement to service connection for headaches, to include as secondary to vision loss in the left eye, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2000 to July 2008. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). In October 2021, the Veteran testified before a Veterans Law Judge. The Board notes that in a prior February 2015 rating decision, the Veteran was denied service connection on a direct basis for migraine headaches. In that same decision, he was granted service connection for severe vision loss of the left eye due to a history of central artery occlusion. In December 2015, while the February 2015 rating decision remained pending, the Veteran filed a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. On this form, he requested service connection for migraine headaches secondary to his service-connected left eye disability. He was subsequently afforded a February 2016 VA examination and opinion, and his service connection claim for headaches was readjudicated on the merits in March 2016. While the RO determined the Veteran's contentions and subsequent VA medical evidence was new and material, it also concluded service connection for headaches was not warranted. See 38 C.F.R. § 3.156(b); Beraud v. McDonald, 766 F.3d 1402, 1407 (Fed. Cir. 2014). As such this issue will be addressed on the merits by the Board. 1. Whether new and material evidence has been received to reopen service connection for bilateral hearing loss is remanded. The Veteran seeks to reopen his service connection claim for bilateral hearing loss. This claim was originally denied by the RO in October 2014 based on VA examination findings that same month which determined the Veteran did not have bilateral hearing loss as defined by VA. See 38 C.F.R. § 3.385. Likewise, a more recent November 2016 VA audiometric examination also found no hearing loss of either ear, as defined by VA; however, speech recognition scores were not recorded. At his October 2021 hearing, however, the Veteran testified that his hearing had continued to decline since that time. He also reported that he was afforded a VA audiometric examination 1-2 years ago. Review of the record indicates his VA treatment records were most recently requested in November 2018, over three years ago. As the Veteran has informed VA of outstanding VA treatment records which may be pertinent to his claim, remand is warranted in order for those records to be obtained. 2. Entitlement to service connection for headaches, to include as secondary to vision loss in the left eye is remanded. The Veteran seeks service connection for headaches, to include as secondary to his service-connected vision loss in the left eye. At his October 2021 hearing, he reported receiving regular VA treatment for various disabilities as recently as several months ago. Review of the record indicates his VA treatment records were most recently requested in November 2018, over three years ago. As the Veteran has informed VA of outstanding VA treatment records which may be pertinent to his claim, remand is warranted in order for these records to be obtained. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records not already of record related to the issues on appeal. 2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claims in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thomas D. Jones, 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.