Citation Nr: 21063209 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 20-01 898 DATE: October 13, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for an acquired psychiatric disability, to include adjustment disorder with depressive features, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1952 to October 1953. This matter is before the Board of Veterans' Appeals (Board) on appeal from a October 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before a Veterans Law Judge as part of his January 2020 substantive appeal. In a letter dated June 16, 2021, VA notified the Veteran that he was scheduled for a videoconference hearing before a member of the Board on August 26, 2021. This notice was mailed to the Veteran's last known address of record. The notice was not returned as undeliverable by the postal service. The Veteran failed to report for this scheduled hearing without good cause. VA has received no communication, written or otherwise, from the Veteran pertaining to the hearing. Because the Veteran has failed to appear for his scheduled hearing without good cause and there has been no request for postponement, his request for a hearing will therefore be considered withdrawn. 38 C.F.R. § 20.704(d) (2020). Now the matters before the Board. The Veteran seeks service connection for an acquired psychiatric disability, to include PTSD, asserting the disability is secondary to bilateral hearing loss and tinnitus. See August 2017, Veteran's Supplemental Claim. The Board finds additional development is required prior to final adjudication of the matters on appeal. The Veteran submitted a September 2017 Disability Benefits Questionnaire (DBQ) from a private clinician that diagnosed adjustment disorder with anxiety. See August 2017 Mental Disorders (other than PTSD and Eating Disorders) DBQ, by M.A., PsyD. Although the examination was based on a clinical interview without review of the Veteran's records, the examiner noted the Veteran expressed worry and anxiety about misinterpreting communications, speaking loudly, and having a strained relationship with his wife due to his hearing problems. The Veteran was afforded a September 2017 VA examination to determine the nature and etiology of his acquired psychiatric disorder. He was diagnosed with adjustment disorder with depressive features. The examiner opined the Veteran's depression was less likely as not proximately due to or the result of tinnitus, less likely than not due to his combat in Korea, and less likely than not due to his hearing loss. As rationale, the examiner indicated the Veteran reported he was sad due to "fighting with his wife," and the review of his medical treatment record reflected several years of marital difficulties. The examiner did not acknowledge the private DBQ, or otherwise address the Veteran's reports of worry and anxiety due to miscommunication related to hearing loss problems and the assertion that his relationship with his spouse might improve if he could hear better, as she would not be as frustrated with his inability to hear. Id.; see also January 2020 Substantive Appeal (VA Form 9). Moreover, the examiner did not provide an opinion that included whether the Veteran's adjustment disorder with depressive features was aggravated by hearing loss or tinnitus. As such, the Board finds that remand for VA examination is necessary. Upon remand, the AOJ should request the Veteran's assistance in obtaining outstanding relevant treatment records pertaining the matters on appeal The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for a psychiatric disability. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims file. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any diagnosed acquired psychiatric disability, including adjustment disorder with depressive features, anxiety, and PTSD. The evidentiary record, including a copy of this remand, must be made available to and reviewed by the examiner. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that any diagnosed acquired psychiatric disability, to include adjustment disorder with depressive features, anxiety, and PTSD, had its onset during or is otherwise related to the Veteran's active duty service. The examiner should opine whether it is at least as likely as not (at least a 50 percent probability) that any diagnosed psychiatric disability, to include adjustment disorder with depressive features, anxiety, and PTSD was (1) caused and/or (2) aggravated (worsened beyond the normal progression of that disease) by his service-connected bilateral hearing loss or tinnitus. The examiner is specifically asked to consider and address the Veteran's assertions that anxiety and worry related to miscommunications from his hearing impairment leads to strained relationships, and that if his hearing was better his spouse might not be as frustrated and their relationship might improve. See, e.g., August 2017 Mental Disorders (other than PTSD and Eating Disorders) DBQ, by M.A., PsyD.; January 2020 Substantive Appeal (VA Form 9). The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports and assertions must be specifically acknowledged and considered in formulating any opinions. The examiner should provide a complete rationale for any opinion provided. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran and his representative should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. M. C. WILSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Gipson, Associate 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.