Citation Nr: 21069495 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 18-32 449 DATE: November 18, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a compensable rating for bilateral hearing loss is remanded. INTRODUCTION The Veteran served on active duty from May 1966 to March 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from February 2018 and July 2018 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA). In July 2021, the Veteran testified before a Veterans Law Judge. A transcript of this hearing is of record. REASONS FOR REMAND 1. Entitlement to service connection for sleep apnea is remanded. 2. Entitlement to service connection for PTSD is remanded. The Veteran seeks service connection for PTSD and for sleep apnea, as well as a compensable initial rating for bilateral hearing loss. At his July 2021 personal hearing, the Veteran reported he continued to receive VA treatment for these disabilities. While such treatment records have been obtained in the past by the RO, the most recent such request dates only to June 2019, over two years ago. As the Veteran has reported more recent VA treatment, remand is necessary to obtain this pertinent evidence. Next, regarding the Veteran's service connection claim for PTSD, he has reported witnessing his first sergeant die in a motor vehicle accident in Thailand. At his June 2021 hearing, the Veteran identified the deceased soldier as "Sergeant Wright" and stated he died in April or May of 1967. He also testified that the truck he was driving in Thailand rolled over, causing him to fear for his life. He reported this incident occurred in December 1967 or January 1968, around the Christmas holiday. To date, no efforts have been made to verify these reported stressors. Remand is therefore required to contact the appropriate records source and determine if these incidents can be verified. 3. Entitlement to a compensable rating for bilateral hearing loss is remanded. The Veteran seeks a compensable initial rating for his bilateral hearing loss. This disability was most recently evaluated in 2018, approximately three years ago. At his July 2021 personal hearing, the Veteran testified that his hearing loss has worsened since this examination. Remand is therefore warranted to afford the Veteran a more recent VA examination. The matters are REMANDED for the following action: 1. Obtain any outstanding records of VA medical treatment generated after June 2019, as well as any other VA treatment records not already obtained. All efforts to obtain such records should be documented in the claims folder. All available records should be associated with the Veteran's VA claims folder. 2. Attempt to verify the claimed in-service stressors with the appropriate agency(ies). In doing so, if necessary, submit multiple requests in 60-day increments covering the entirety of the Veteran's relevant period of active duty service. 3. After completing the action requested above, schedule the Veteran for an appropriate VA examination to determine the nature and etiology of any current psychiatric disability, to include PTSD. All diagnostic testing deemed to be necessary by the examiner should be accomplished. Based on the review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not, i.e., a 50 percent probability or greater, that PTSD has been present at any time during the period of the claim due to a confirmed in-service stressor or the Veteran's fear of hostile military or terrorist activity. For any psychiatric disability (other than PTSD) diagnosed on examination, the examiner should opine as to whether it is at least as likely as not, i.e., a 50 percent probability or greater, that such disorder had its clinical onset in service or is otherwise related to active duty. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 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). 4. Schedule the Veteran for a VA audiological evaluation to determine the current severity of his service-connected bilateral hearing loss. The claims file should be made available to the examiner for review. All appropriate tests and studies should be accomplished, and all clinical findings should be reported in detail. 5. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claims in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thomas D. Jones, 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.