Citation Nr: 21062495 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 17-17 348 DATE: October 7, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability other than posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1972 to September 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The claim herein on appeal issues from the Veteran's claim for an extraschedular evaluation for his bilateral hearing loss. The Board denied a claim for an initial compensable rating for hearing loss in March 2018, declining to refer the matter for extraschedular consideration, or to remand it to the RO for additional development. The Veteran appealed the Board's decision to the Court of Appeals for Veteran's Claims (Court). In a January 2021 Memorandum Decision, the Court affirmed the Board's decision not to refer the matter for extraschedular consideration. In its decision, the Court noted that the Veteran's claims of symptoms including depression, loss of self-esteem, and social isolation attributable to hearing were referred by the Board to the RO in March 2018 for development as separate claims for an acquired psychiatric condition. Shortly thereafter, the Veteran filed a formal claim for service connection for a disability manifested by anxiety, depression, and panic attacks. Pursuant to that Board's ordered development, the Veteran was granted service connection for PTSD in August 2020. He continues to pursue his appeal with respect to an acquired psychiatric disability other than PTSD. With respect to the Veteran's claim for increase for bilateral hearing loss, the Board observes that an evaluation of 60 percent was awarded effective August 26, 2020, in a November 2020 rating decision. Because the Board's March 2018 denial of a compensable evaluation for hearing loss constitutes a final decision, and because the Veteran has not perfected an appeal of the November 2020 rating decision, the issue of entitlement to an increased evaluation for bilateral hearing loss is not on appeal is dismissed. Moreover, the Board notes that the March 2018 Board decision reopened the Veteran's claim of entitlement to service connection for obstructive sleep apnea and remanded it to the RO. In a January 2019 decision, the RO granted service connection for sleep apnea. As this represents a full grant of the benefits sought, this issue is no longer on appeal. See Grantham v. Brown, 114 F.3d. 1156 (Fed. Cir. 1997). The claimant has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board."); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). 1. Entitlement to service connection for an acquired psychiatric disability other than PTSD is remanded. It remains unclear from the evidence of record whether the Veteran is beset by psychiatric symptoms separate and apart from those attributable to PTSD. On remand, a VA examination must be conducted, and clarity obtained as to whether the Veteran has an acquired psychiatric condition that confers symptoms distinct from those caused by PTSD. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the claims file with any relevant outstanding VA and/or private treatment records. 2. Then, schedule the Veteran for a VA examination to explore the presence, etiology, and symptomatology of an acquired psychiatric disability or disabilities other than PTSD. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. The examiner is requested to identify all current acquired psychiatric conditions other than PTSD. Then, for each, the examiner is requested to determine whether the identified disability confers symptoms wholly distinct from those associated with the Veteran's PTSD. If it is determined that the Veteran is beset by an acquired psychiatric condition or conditions other than PTSD, with symptomatology wholly distinct from that associated with PTSD, then for each identified condition, the examiner is requested to state whether, on an at least as likely as not basis (50 percent or greater probability,) the condition had its onset in active duty service or is etiologically related to active duty service. If a direct link to service is not found, the examiner is asked to state whether, on an at least as likely as not basis, the condition conferring symptoms wholly distinct from those associated with the Veteran's PTSD has been caused or aggravated beyond its normal course or progression by any service connected disability, including bilateral hearing loss. All opinions expressed should be thoroughly explained. 3. The AOJ should ensure that the examination and all examination reports comply with the terms of the remand. 4. Then, the AOJ should readjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.