Citation Nr: 18159154
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 14-40 471
DATE:	December 18, 2018
REMANDED
Whether new and material evidence has been received to reopen the claim of entitlement to service connection for left ear hearing loss is remanded.
Whether new and material evidence has been received to reopen the claim of entitlement to service connection a cardiovascular disorder is remanded.
Whether new and material evidence has been received to reopen the claim of entitlement to service connection for a bilateral foot disorder is remanded.
Entitlement to a disability rating higher than 30 percent for posttraumatic stress disorder (PTSD) with mood disorder and cocaine dependence is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1967 to August 1971, with service in the Republic of Vietnam from January 1970 to November 1970.
In November 2018, the Veteran appeared before the undersigned at a Board hearing at the local regional office (Travel Board hearing).
1. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for left ear hearing loss is remanded.
2. Whether new and material evidence has been received to reopen the claim of entitlement to service connection a cardiovascular disorder is remanded.
3. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for a bilateral foot disorder is remanded.
Regarding the issues of whether new and material evidence has been received to reopen the previously denied claims of entitlement to service connection for left ear hearing loss, a cardiovascular disorder, and a bilateral foot disorder, the Veteran expressed his disagreement with the agency of original jurisdiction (AOJ) in an October 2014 VA Form 9.  The statements contained in this form constitutes a timely notice of disagreement with the denials rendered in a March 2014 rating decision, but a statement of the case has not yet been issued.  A remand is required for the AOJ to issue a statement of the case.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).
4. Entitlement to a disability rating higher than 30 percent for PTSD with mood disorder and cocaine dependence is remanded.
The Veteran submitted testimony in November 2018 suggesting that his service-connected psychiatric disability has worsened in severity since his last May 2011 VA examination.  He should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his PTSD with mood disorder and cocaine dependence. 
Evidence also indicates that there may be outstanding relevant VA treatment records.  During the November 2018 hearing, the Veteran reported that he continued to receive treatment at a Shreveport VA Medical Center for his service-connected psychiatric disability.  Because any VA treatment records are within VA’s constructive possession and are considered potentially relevant, a remand is required to allow VA to obtain VA treatment records since April 2017.
The matters are REMANDED for the following actions:
1. Send the Veteran and his representative a statement of the case that addresses the issues of whether new and material evidence has been received to reopen the claims of entitlement to service connection for bilateral hearing loss, a cardiovascular disorder, and a bilateral foot disorder.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the issues should be returned to the Board for further appellate consideration.
2. Obtain the Veteran’s VA treatment records for the period from April 2017 through the present.
3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD with mood disorder and cocaine dependence.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.
 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.Gielow, Counsel