Citation Nr: 21008422 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 17-28 775A DATE: February 17, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) in the United States Army from March 1976 to June 1976 with additional reserve service. The Veteran’s representative, Military Order of the Purple Heart withdrew it representation in February 2019. Notably, in January 2020 the Board informed the Veteran of the withdrawal and requested that the Veteran inform it within 30 days as to whether he wanted an opportunity to authorize another representative or represent himself. No response has been received as of the date of this decision, which is more than 30 days after the noted deadline. Given such, the Board will proceed with a decision on the Veteran’s claims. 1. Entitlement to service connection for PTSD is remanded. The Veteran asserts that he experienced military sexual trauma (MST) in service and that this has caused his currently diagnosed PTSD. Although his VA treatment records (VA TRs) show treatment for PTSD due to MST, there are no details in the VA TRs or the Veteran’s statements regarding the MST stressor. As such, the Agency of Original Jurisdiction (AOJ) was unable to verify the stressor. However, as this claim is based on an alleged in-service assault, behavioral changes may be used to support the claimed stressor. 38 C.F.R. § 3.303(f)(5). The Board finds that remand is appropriate to obtain an opinion on the nature and etiology of the Veteran’s PTSD and any in-service behavioral changes. On remand, the Veteran should also be invited to provide additional information regarding his MST stressor, including any alternative forms of evidence such as lay statements. 2. Entitlement to service connection for tinnitus is remanded. The Veteran claims that he first experienced ringing in his ears during his initial period of ACDUTRA. He, therefore, believes service connection is warranted. Despite evidence of a current complaint of tinnitus, his reports of ringing in the ears in service, and his argument that his tinnitus is related to in-service noise exposure, he has not been afforded a VA examination or opinion for this claim. The Board finds that remand is warranted to obtain such an opinion. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 3. Entitlement to a TDIU is remanded. The Veteran claims that he is unemployable due to his PTSD. As such, a decision on the remanded issue of service connection for PTSD could significantly impact a decision on the issue of service connection for TDIU. The issues are inextricably intertwined and a remand of the TDIU claim is required. The matters are REMANDED for the following actions: 1. Offer the Veteran another opportunity to provide more details regarding his MST. He should be informed of alternative sources of evidence, including lay statements. If he provides additional information, attempt to corroborate his in-service stressor based on personal assault. If more details are needed, contact the Veteran to request the information. 2. Note that the Board recognizes the potential practical difficulties in scheduling an examination in light of the COVID-19 epidemic and requests flexibility and understanding in affording the Veteran any warranted examination. 3. Schedule the Veteran for a VA examination to address the nature and etiology of his PTSD. a) The examiner should obtain a thorough history from the Veteran and review his personnel records. b) S/He should then opine whether any behavioral changes, INCLUDING HIS FELONY CHARGE FOR CARRYING A CONCEALED WEAPON IN 1979 (DURING RESERVES SERVICE), or any other reported changes or incidents are behavioral changes that support his claimed sexual assault stressor. c) The examiner should then state whether it is at least as likely as not that the Veteran’s PTSD is related to an in-service injury, event, or disease, including his reported sexual assault. d) The examiner must specifically address the private DBQ and VA TRs indicating that the Veteran has PTSD related to MST. 3. Note that the Board recognizes the potential practical difficulties in scheduling an examination in light of the COVID-19 epidemic and requests flexibility and understanding in affording the Veteran any warranted examination. Schedule the Veteran for a VA examination to address the nature and etiology of his tinnitus. The examiner should obtain a thorough history from the Veteran. The examiner should then state whether it is at least as likely as not that the Veteran’s tinnitus is related to an in-service injury, event, or disease, including in-service noise exposure. 4. THE AOJ MUST REVIEW THE CLAIMS FILE AND ENSURE THAT THE FOREGOING DEVELOPMENT ACTION HAS BEEN COMPLETED IN FULL. IF ANY DEVELOPMENT IS INCOMPLETE, APPROPRIATE CORRECTIVE ACTION MUST BE IMPLEMENTED. IF ANY REPORT DOES NOT INCLUDE ADEQUATE RESPONSES TO THE SPECIFIC OPINIONS REQUESTED, IT MUST BE RETURNED TO THE PROVIDING EXAMINER FOR CORRECTIVE ACTION. (continued on the next page) YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Moore, 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.