Citation Nr: 23048907 Decision Date: 09/06/23 Archive Date: 09/06/23 DOCKET NO. 19-25 518 DATE: September 6, 2023 REMANDED Service connection for a right shoulder condition is remanded. Service connection for a left knee condition is remanded. Service connection for a right knee condition is remanded. Service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from September 1968 to September 1971. The Veteran appeared at a hearing before the undersigned Veterans Law Judge in July 2023. A transcript of the hearing is of record. At his July 2023 hearing, the Veteran testified as to having sustained injuries to his shoulder and knees as a result of multiple parachute jumps in service. He noted that he had received the parachute badge and that he had participated in over 100 training jumps, combat jumps, and jumps with the Royal Thai Army Special Forces. He has indicated that his knees and shoulders have bothered him since service. The Veteran also testified as to having noise exposure through his position as a radio operator and through noise exposure to aircraft, automatic weapons fire, and explosions. He reported having hearing difficulties since service. The Veteran further indicated his willingness to report for examinations. He had been incarcerated for a period during the appeal and had not had the opportunity to report for an examination. The threshold for finding a link between current disability and service is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). On remand, etiology opinions should be obtained. The Veteran's representative has also requested that the Veteran be afforded VA examinations. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain all outstanding VA and/or private treatment records related to the Veteran's outstanding claims. If any requested records are not available, the record should be annotated to reflect such and the Veteran notified. 2. Schedule the Veteran for a VA examination to determine the etiology of any current right shoulder, left knee or right knee disorder. The examiner must review the claims file in conjunction with the examination. All indicated tests and studies should be performed and all findings must be reported in detail. The examiner is requested to offer the following opinions: Is it as likely as not (likelihood is at least approximately balanced or nearly equal) that any current right shoulder, left knee, or right knee disorder is etiologically related to the Veteran's period of service? When rendering the above opinions, the examiner must discuss the impact of the duties performed in service on the Veteran's right shoulder, left knee, and right knee. The examiner should also consider and address any statements from the Veteran regarding the onset and continuity of symptomatology since service. Dalton v. Nicholson, 21 Vet. App. 23 (2007). When rendering the above opinions, the Court's holding in Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018) that a disability may exist even in the absence of a specific diagnosis, and that pain can constitute disability if it causes impairment in earning capacity must be specifically addressed. Complete detailed rationale is requested for any opinion that is rendered. 3. Schedule the Veteran for an examination by an appropriate examiner to determine the nature and etiology of any bilateral hearing loss. All indicated tests and studies should be performed and all findings must be reported in detail. The claims folder, including a copy of this remand, must be made available to the examiner and the examiner should note such review in his/her report. The examiner must opine whether it at least as likely as not (likelihood is at least approximately balanced or nearly equal) that the Veteran's hearing loss (1) began during active service, (2) manifested within 1 year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. The examiner should also consider and address any statements from the Veteran regarding the onset and continuity of symptomatology since service. Dalton v. Nicholson, 21 Vet. App. 23 (2007). The examiner must also consider that the absence of hearing loss at the time of service separation is not fatal to a claim for service connection if the evidence otherwise shows that a veteran's present-day hearing loss is related to exposure to excessive noise in service. See Hensley v. Brown, 5 Vet. App. 155, 158-59 (1993). Complete detailed rationale must be given for each rendered opinion. 4. Thereafter, the entire record should be reviewed. If any claim remains denied a SSOC should be issued. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. S. Kelly, 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.