Citation Nr: 21074617 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-51 779 DATE: December 15, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected bilateral hearing loss, is remanded. Entitlement to an initial compensable rating prior to August 21, 2017, and an initial rating in excess of 20 percent thereafter, for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from January 1966 to October 1969. These matters come to the Board of Veterans' Appeals (Board) on appeal from February 2012 and February 2018 rating decisions by the agency of original jurisdiction (AOJ) of the United States Department of Veterans Affairs (VA). In June 2017, the Board remanded the issue of entitlement to an initial compensable rating for bilateral hearing loss for further evidentiary development. The Veteran testified at a November 2021, hearing before the undersigned via videoconference. This decision is being rendered prior to the production of a transcript; as the claims are remanded for further development, the Veteran is not prejudiced. A transcript will be associated with the claims file at a later date. With respect to psychiatric disorders, a claim of service connection encompasses all pertinent symptomatology, regardless of how that symptomatology is diagnosed. See Clemons v. Shinseki, 23 Vet. App. 1, 5, 9 (2009). The Board has recharacterized the issue as a claim of entitlement to service connection for an acquired psychiatric disorder. Further development is required in connection with the claims of service connection for an acquired psychiatric disorder, and initial increased ratings for bilateral hearing loss. The duty to assist requires provision of an examination when there is a current disability, an injury in service, and a possible nexus between them. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). VA outpatient treatment records document diagnoses of depression and anxiety. In July 2018 correspondence, the Veteran contends that his acquired psychiatric disorder was due to the stressful circumstances of being stationed aboard an ammunition supply ship during active service. The Veteran further stated that he and a fellow servicemember were assaulted during shore leave in the Philippines. The Board notes that the Veteran's treating clinician submitted a letter on behalf of the Veteran in July 2018. The clinician raised the possibility that the Veteran's acquired psychiatric disorder is attributable to active service. At the November 2021 Board hearing, the Veteran asserts that due to his service-connected bilateral hearing loss, he has become embarrassed, isolates himself, and avoids people. The Veteran has presented sufficient evidence to raise the possibility of a nexus. Therefore, a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder is warranted. Reports from the Veteran indicate that the symptoms associated with his bilateral hearing loss have worsened. At the November 2021 Board hearing, the Veteran testified that he needs many repetitions to understand what is said to him, and needs people to look at him while they speak. The Veteran was last afforded VA examination in August 2017. In light of the reports of the Veteran's worsening state since the most recent examination, the Board finds that a new VA examination is needed to assess the current severity of the Veteran's bilateral hearing loss in order for the Board to make a fully informed decision. The matters are REMANDED for the following action: 1. Associate with the claims file updated VA treatment records. 2. Schedule the Veteran for a VA examination to ascertain the current nature and severity of his service-connected bilateral hearing loss. 3. Schedule the Veteran for a VA mental disorders examination to ascertain the nature and etiology of the claimed acquired psychiatric disorder, to include diagnoses of depression and anxiety; the claims folder must be reviewed in conjunction with the examination. The examiner must identify any current acquired psychiatric disorders. For each diagnosed disability, the examiner must opine as to whether such is at least as likely as not (50 percent probability or greater) caused or aggravated by service or service-connected disability, to include as due to service-connected bilateral hearing loss. A full and complete rationale is required for all opinions expressed. 4. Then, readjudicate the remanded issues. If the benefits sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G.A. Ong, 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.