Citation Nr: 18148705
Decision Date: 11/08/18	Archive Date: 11/07/18

DOCKET NO. 16-33 406
DATE:	November 8, 2018
REMANDED
Entitlement to a disability rating higher than 40 percent for bilateral hearing loss prior to August 28, 2014 is remanded.
Entitlement to a disability rating higher than 20 percent for bilateral hearing loss from August 28, 2014, to include consideration of whether a reduction of the disability rating assigned for bilateral hearing loss from 40 percent to 20 percent was proper, is remanded.
Entitlement to a disability rating higher than 70 percent for posttraumatic stress disorder (PTSD) is remanded.
Entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) is remanded.
REASONS FOR REMAND
The Veteran had active duty from December 1966 through November 1969.
1. Social Security records.
The Veteran's claims concerning the issues on appeal were received in June 2014.  In his claim, which was received in the form of a formal TDIU application, the Veteran asserted that his PTSD and hearing loss had worsened and that those disabilities were preventing him from securing or following a substantially gainful occupation.  In conjunction with the same, the Veteran has reported in an April 2016 statement that he has been receiving social security disability benefits since 2012.  
Given the Veteran's documented history of PTSD and hearing loss and the assertions raised in his claims submissions, it appears likely that the Veteran's Social Security records would contain additional information and evidence that are relevant to this appeal, to include additional private mental health treatment records, audiological records, and mental and physical health examinations and assessments that were completed on the Social Security Administration's (SSA's) behalf.  As such, VA should also obtain the Veteran's Social Security records.  38 C.F.R. § 3.159 (c)(2) (2017).
The matters are REMANDED for the following action:
1. The Veteran should be asked whether he has additional evidence pertaining to his service connected disabilities.  Records for relevant VA treatment received by the Veteran since May 2016 should be associated with the record.  If such records are not available, such unavailability should be documented in the record.  The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review.
2. Obtain the Veteran's Social Security records.  If such records are not available, such unavailability should be documented in the record.  The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review.
3. Conduct any other development that is indicated by the evidence obtained as a result of this remand.
4. After completion of the above development, the issues on appeal should be readjudicated.  If the determination remains adverse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond.
 
DONNIE R. HACHEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D.S. Lee, Counsel