Citation Nr: 21067170 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 15-10 864 DATE: November 3, 2021 REMANDED The issue of whether new and material evidence has been received to reopen the claim of service connection for posttraumatic stress disorder (PTSD) is remanded. The issue of an initial compensable rating for bilateral hearing loss is remanded. The issue of a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1978 to December 1982 and February 1983 to June 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran presented testimony before the undersigned Veterans Law Judge. During the hearing, the Veteran's request for the record to be held open for an additional 30 days to allow him to submit additional evidence was granted. The Veteran has raised the issue of a TDIU as part and parcel of the initial rating claim for bilateral hearing loss. See Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. The issue of whether new and material evidence has been received to reopen the claim of service connection for PTSD is remanded. Historically, in a September 2004 rating decision, service connection for PTSD was granted; however, it was severed in a June 2008 rating decision on the basis of fraudulent stressors and fraudulent documents. See rating decisions (September 2004; June 2008); deferred or confirmed rating decision (April 2007). Although the evidence shows that the Veteran was convicted of fraud against the VA and incarcerated for this conviction, the evidence of record contains no documents related to his conviction. See VA 21-0820 report of general information (July 2013); VA treatment record (May 2015). Thereafter, in November 2008, the Veteran submitted a claim of service connection for PTSD. In a September 2010 rating decision, the RO denied service connection for PTSD on the basis that there were no verifiable stressors. Although the Veteran did not submit a notice of disagreement (NOD) to the September 2010 rating, in September 2011, within one year of the September 2010 rating decision, the Veteran submitted two in-service stressor statements. As indicated above, the evidence of record does not include documents related to the Veteran's conviction for fraud against the VA. These documents are pertinent to the issue of whether new and material evidence has been received to reopen the claim of service connection for PTSD. Thus, the Board is unable to determine whether the Veteran's September 2011 stressor statements are new and material evidence submitted within one year of the September 2010 rating decision or cumulative or redundant of the evidence submitted since the September 2010 rating decision, until the documents related to the Veteran's conviction are associated with the record. Accordingly, a remand is necessary to obtain any documents related to the Veteran's conviction, including court documents. 2. The issue of an initial compensable rating for bilateral hearing loss is remanded. During the March 2021 Board hearing, the Veteran testified that his bilateral hearing loss had worsened since his last VA examination in June 2012, as he had his hearing aids readjusted in 2020. Therefore, a remand is necessary to afford the Veteran a new VA examination to determine the current severity of his service-connected bilateral hearing loss. See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) ("Where the appellant complained of increased hearing loss two years after his last audiology examination, VA should have scheduled the appellant for another examination"). 3. The issue of a TDIU is remanded. The issue of a TDIU is inextricably intertwined with the claims an initial higher rating for bilateral hearing loss and service connection for an acquired psychiatric disorder. Therefore, the issue of a TDIU must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). These matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records relevant to the Veteran's readjustment of his hearing aids in 2020. 2. Obtain any documents, including court documents, related to the Veteran's conviction for fraud against VA for the grant of service connection for PTSD that was granted in June 2008. 3. Schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral hearing loss. All necessary tests should be conducted. The claims file must be sent to the examiner for review. The examiner should examine the Veteran and provide findings in accordance with the currently applicable disability benefits questionnaire. All opinions must be supported by a detailed rationale. 5. After the above development has been completed readjudicate the issues on appeal, including the inextricably intertwined issue of a TDIU. If the benefits sought is not granted to the Veteran's satisfaction, send the Veteran and his attorney a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Castillo, 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.