Citation Nr: 18148894 Decision Date: 11/08/18 Archive Date: 11/08/18 DOCKET NO. 11-04 604 DATE: November 8, 2018 ORDER Entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. FINDING OF FACT The Veteran’s posttraumatic stress disorder is related to his military service. CONCLUSION OF LAW The criteria for entitlement to service connection for posttraumatic stress disorder (PTSD) have been met. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Air Force from May 2003 to May 2007. The Veteran testified at an April 2018 videoconference hearing before the undersigned Veterans Law Judge. A hearing transcript is of record. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). VA must give due consideration to all pertinent medical and lay evidence in a case where a veteran is seeking service connection. 38 U.S.C. § 1154(a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the veteran. 38 U.S.C. § 5107(b). Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a), a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 1. Entitlement to service connection for posttraumatic stress disorder (PTSD) The Veteran is seeking entitlement to service connection for posttraumatic stress disorder. The Veteran asserts his PTSD is due to an incident in service where the C-130 plane he was on had an issue with the landing gear and the pilot was forced to burn off fuel before they crashed at Bagram Air Force Base. Based on the evidence discussed below, the Board finds that service connection is warranted for PTSD. The Veteran’s service treatment records dated November 2005 reveal a diagnosis of depressive disorder. The Veteran reported issues with anxiety and depression and was prescribed Zoloft. Following service, an examination dated August 2008 shows that the Veteran continued to complain of anxiety and depression and underwent counseling. The Veteran’s medical treatment records dated from March 2009 reveal complaints of short term memory loss, panic attacks, and problems with focusing and concentrating. The Veteran was diagnosed with PTSD by the Iron Mountain VAMC in 2009. In April 2009, the Veteran was voluntarily admitted to the VA hospital after making comments of a threatening nature. However, the Veteran denied having suicidal/homicidal ideations and denied any delusional thinking, hallucinations, paranoia, or obsessions. During an examination in December 2009, the Veteran reported significant memory problems, generalized anxiety, nightmares between 2-3 times per week, and stated that he does not go out much and avoids crowds. His treating physician noted the results of his PTSD testing were suggestive of chronic PTSD. The Veteran underwent a VA examination in August 2010 and reported difficulty sleeping at night due to recurrent nightmares, significant anxiety, irritability, angry outbursts, and has become isolative. The examiner noted that the Veteran presents with symptoms consistent with PTSD. Contrary to the Veteran’s treating physicians, the VA examiner stated that psychological testing indicates that the Veteran was significantly exaggerating/malingering psychopathology in multiple areas. However, the VA examiner did not discuss the Veteran’s previous medical records that diagnosed his PTSD, his ongoing symptoms since service, nor his past hospitalization. Therefore, the Board assigns the VA examiner’s opinion significantly less probative value. Having carefully considered the evidence of record, the Board finds that it is in favor of the Veteran’s claim. Here, the Board finds that the Veteran’s service personnel records along with his post-service medical records are sufficient to verify the stressor claimed by the Veteran, and to show that a nexus exists between the Veteran’s in-service stressor and his current diagnosis. It is clear from a review of his history that the Veteran was exposed to a traumatic event while in service, to include actual or threatened death or serious injury. Therefore, resolving all reasonable doubt in the Veteran’s favor, the evidence of record sufficiently relates a diagnosis of PTSD to active service, and service connection is warranted. However, the Veteran should be aware that no change in his actual benefits is expected from this grant of service connection, as the symptomatology associated with his PTSD would be duplicative and overlapping with his already service-connected depressive disorder. The Board notes that a separate rating would constitute the “pyramiding” of ratings for the same underlying disorder, which is prohibited under VA law. See 38 C.F.R. § 4.14; Cf. Amberman v. Shinseki, 570 F.3d 1377, 1381 (Fed. Cir. 2009). REASONS FOR REMAND 1. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran is seeking service connection for bilateral hearing loss due to acoustic trauma. The claim must be remanded. The Veteran was afforded a VA audiological examination in June 2009 to ascertain the nature and etiology of his claimed bilateral hearing loss. However, during the Veteran’s April 2018 Board hearing, he testified that his hearing loss has gotten worse since his June 2009 examination. Since the results of a new VA examination may establish a current hearing disability under 38 C.F.R. § 3.385, a new examination should be obtained. The matter is REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any hearing loss. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including noise exposure. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Vample, Associate Counsel