Citation Nr: 21069319 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 18-40 842 DATE: November 18, 2021 REMANDED Entitlement to a rating in excess of 30 percent for service-connected posttraumatic stress disorder (PTSD) since June 23, 2015 is remanded. Entitlement to a compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had honorable active service with the United States Marine Corps from July 1967 to July 1970. This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2015, and July 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ) in May 2021. A written transcript of the hearing has been prepared and is associated with the claims file. 1. Entitlement to a rating in excess of 30 percent for PTSD since June 23, 2015 is remanded. The Board notes that in August 2021, after the hearing, the Veteran had another VA examination relevant to his claim for an increased rating for PTSD. In particular, in the August 2021 VA examination, the VA psychologist opined that the Veteran had occupational and social impairment with deficiencies in most areas, such as work, family relations, judgement, thinking, and/or mood. The Veteran's symptoms included depressed mood, anxiety, chronic sleep impairment, flattened affect, disturbances of motivation and mood, difficulty establishing and maintaining effective work and social relationships, difficulty adapting to stressful circumstances, inability to establish and maintain effective relationships, and suicidal ideation. See C&P Exam received in August 2021. The Board also noted two other recent private opinions. In May 2021 the Veteran had a private provider complete a Review PTSD Disability Benefits Questionnaire (DBQ) and a Psychological Assessment Evaluation. See VA Examination received May 2021. Then in June 2021 another private psychologist performed a Psychosocial Assessment and Employability Evaluation and in July 2021 provided a PTSD DBQ. See Medical Treatment Record-Non-Government Facility and DBQ-Veteran provided received July 2021. Thus, based on the foregoing, a remand is required so that an adequate SSOC may be issued for this VA generated evidence. See 38 C.F.R. § 19.31(b)(3). As to the private opinions, submitted by the Veteran, on remand these may also be addressed. 2. Entitlement to a compensable rating for bilateral hearing loss is remanded. Although further delay is regrettable, a remand is necessary for the following development. The Veteran contends that his hearing loss has progressively worsened since his last VA examination. See Hearing Transcript received May 2021. VA's duty to assist includes providing a thorough and contemporaneous medical examination, especially where it is necessary to determine the current level of a disability. See Peters v. Brown, 6 Vet. App. 540, 542 (1994). See also Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (determining that Board should have ordered contemporaneous examination of Veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating); and Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (holding that where the record does not adequately reveal the current state of that disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination). The Veteran was last afforded a VA examination to assess the severity of his service-connected bilateral hearing loss in December 2015, more than five years ago. See C&P Exam dated December 2015. The Veteran testified that he now uses hearing aids. Considering all the evidence, the Board remands the claim for a contemporaneous examination to determine the severity of the Veteran's service-connected bilateral hearing loss and to rate the Veteran's hearing loss accordingly. The matters are REMANDED for the following action: 1. After completing any needed development, schedule the Veteran for an audiology examination to determine the current severity of his service-connected bilateral hearing loss. The Veteran's claims file and a copy of this remand must be provided to the examiner for review. The examiner is to perform all necessary tests, and studies. The examiner must provide pure tone threshold values and speech discrimination percentages using the Maryland CNC test. The examiner should also describe the Veteran's reported effects of his bilateral hearing loss disability on his functioning. 2. A complete rationale must be provided for all opinions offered. If an opinion cannot be offered without resort to mere speculation, the examiner must fully explain why this is the case and identify what additional evidence, if any, would allow for a more definitive opinion. 3. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is returned to the Board. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Associate Counsel, C. Parnell 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.