Citation Nr: 21065382 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 16-36 379 DATE: October 26, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include alcohol and substance abuse, is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from August 1991 to April 1997. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board virtual video hearing in July 2021; a transcript is of record. The Veteran filed a claim for service connection for an alcohol/substance abuse disorder. However, pursuant to Clemons v. Shinseki the Board finds that it is appropriate to characterize the Veteran's claim as noted above. 23 Vet. App. 1, 5 (2009). 1. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran asserts service connection for bilateral hearing loss. His military occupational specialties were as a loadmaster and Aerospace maintenance specialist. See 2/13/2015 DD 214. At the February 2015 examination, he did not have hearing loss for VA purposes. However, since that examination, he testified at a Board hearing in July 2021. He believes his hearing may be worse than what was reported at the prior examination and asserts that he now has a hearing loss for VA purposes disability. He also contends that he has had perforated eardrums from service that may have caused his hearing loss. The Veteran is competent to report these experiences. However, he is not competent to determine he has hearing loss for VA purposes. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). As such, the Board finds that a new examination for the Veteran's hearing loss is warranted. 2. Entitlement to service connection for an acquired psychiatric disorder, to include alcohol and substance abuse is remanded. The Veteran asserts service connection for an acquired psychiatric disorder, to include alcohol and substance abuse, disorder. Generally, service connection may not be awarded for alcohol or drug abuse. See 38 U.S.C. §§ 1110 (no VA compensation shall be paid if the disability is the result of the veteran's own willful misconduct or abuse of alcohol or drugs); see also 38 U.S.C. § 105(a); VAOPGCPREC 7-99; VAOPGCPREC 2-98. Service connection for drug and alcohol abuse may only be established on a secondary basis where it is proximately due to or the result of a service-connected disease or injury. See 38 C.F.R. § 3.310(a). In Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001), the Federal Circuit held that a veteran could receive compensation for an alcohol or drug abuse disability acquired as secondary to, or as a symptom of, a veteran's service-connected disability. Specifically, service connection for an alcohol or drug abuse disability is available only where there is clear medical evidence establishing that alcohol or drug abuse is caused by a veteran's primary service-connected disability, and where the alcohol or drug abuse disability is not due to willful wrongdoing. See Allen, 237 F.3d at 1381. He testified at a Board hearing in July 2021. He explained that prior to entering service he did not drink. However, during service he began to drink heavily to fit in with other servicemembers as well as to help with promotion opportunities. The Veteran is competent to report these experiences. However, he is not competent to determine they are the cause of an acquired psychiatric disorder. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Additionally, the Veteran has not been scheduled for an examination to assess the nature and etiology of any acquired psychiatric disorder, and whether it is related to service. As such, the Board finds that an examination is warranted as such would be useful for a full and fair adjudication of this issue. Indeed, VA has not obtained a medical opinion as to whether the Veteran has an acquired psychiatric disorder that is related to service. These matters are REMANDED for the following actions: 1. Obtain any outstanding VA treatment records, to include all recent VA records. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. 2. After associating any treatment records with the claims file, schedule the Veteran for an audiological examination by an appropriate examiner to determine the nature and etiology of any hearing disability. Ensure the examiner has access to the claims file, to include a copy of this Remand. The examiner is to provide an opinion whether: (a.) It is at least as likely as not (probability of approximately 50 percent) that any hearing loss for VA purposes is related to an in-service injury, event, or disease, including hazardous noise exposure from his duties as a Loadmaster/Aerospace maintenance specialist. See 2/13/2015 DD 214; 6/4/1997, STR Medical. 3. After completing #1, schedule the Veteran for an examination. Send the file to an appropriate mental health examiner (licensed psychologist and/or psychiatrist) and ask the clinician to review the claims file. --Identify any acquired psychiatric disability since November 2014. Then, the mental health specialist is to address the following: (a.) For each current psychiatric disability, the examiner is to provide an opinion as to whether it is at least as likely as not (probability of approximately 50 percent) that any of the Veteran's current (present at any time since November 2014) psychiatric disabilities, in whole or part, had their onset in service, or are otherwise the result of a disease or injury in service. See 6/4/1997, STR Medical, at p. 5-12 (reporting alcohol abuse, DUI, stress management counseling). (b.) If the Veteran is diagnosed with an acquired psychiatric disorder, is it at least as likely as not (probability of approximately 50 percent) that his alcohol/substance abuse disorder was either 1) proximately due to OR 2) aggravated by any service-connected disability? The term "aggravated" refers to a worsening of the underlying condition beyond the natural progression of the disease, as opposed to temporary or intermittent flare-ups or symptoms that resolve with return to the baseline level of disability. If aggravation is found, please state, to the extent possible, the baseline level of disability prior to aggravation. **In forming a nexus opinion, please address the Veteran's statements regarding his drinking during service to fit in with other service members as well as for promotion opportunities.** See 7/1/2021, Hearing Transcript. 4. Inform EACH examiner that a comprehensive rationale for all opinions is to be provided. All pertinent evidence, including both lay and medical, should be considered. (Continued on the next page) If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Morales, 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.