Citation Nr: 21011292 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 14-25 990 DATE: March 1, 2021 REMANDED Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for major depressive disorder (claimed as due to radiation exposure and possible in-service military sexual trauma) is remanded. Entitlement to service connection for epilepsy (claimed as due to radiation exposure) is remanded. Entitlement to service connection for a traumatic brain injury (TBI) or residuals thereof (claimed as due to radiation exposure) is remanded. Entitlement to a compensable disability rating for the service-connected right ear hearing loss is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from February 1999 to February 2003. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The matters were previously remanded by the Board in July 2018. 1. Entitlement to service connection for tinnitus is remanded. 2. Entitlement to service connection for major depressive disorder (claimed as due to radiation exposure and possible in-service military sexual trauma) is remanded. 3. Entitlement to service connection for epilepsy (claimed as due to radiation exposure) is remanded. 4. Entitlement to service connection for a traumatic brain injury (TBI) or residuals thereof (claimed as due to radiation exposure) is remanded. 5. Entitlement to a compensable disability rating for the service-connected right ear hearing loss is remanded. In compliance with the Board’s July 2018 Remand, the Veteran was scheduled for VA examinations to assess the severity of his right ear hearing loss and to determine the etiology of his tinnitus, acquired psychiatric disorder, TBI, and epilepsy. The evidence of record shows that the Veteran failed to report for the scheduled examinations. However, review of the examination request reports reflects that notice of the examinations was not sent to the Veteran at his address of record. Further, VA treatment records dated in May 2020 show that the Veteran reported that he was homeless. On remand, the Agency of Original Jurisdiction (AOJ) must attempt to verify the Veteran’s current address and afford him another opportunity to attend the examinations. The Veteran is advised that VA’s duty to assist is not always a one-way street. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). He must cooperate in VA’s efforts to obtain evidence in support of his claims, including keeping his contact information on file with the VA Regional Office (RO) and VA medical facilities up-to-date, attending scheduled VA examinations, and/or promptly communicating with VA why he cannot attend a scheduled VA examination. 38 C.F.R. §§ 3.159(c) (requiring claimant to “cooperate fully with VA’s efforts” to obtain both VA and non-VA medical records). He is further advised that his failure to appear at a scheduled VA examination without good cause may result in the denial of his claim for an increased rating and a decision based on the available evidence of record and a denial of his claims for service connection, if appropriate. 38 C.F.R. § 3.655(b). Specific procedures for contacting homeless veterans are set forth in 38 C.F.R. § 1.710. For instance, correspondence may be delivered to the Agent Cashier of a VA medical facility, if the Veteran attends that facility or is likely to attend that facility. The AOJ must follow those procedures, unless the AOJ clearly confirms and documents that he has obtained a fixed address and is reachable by the usual means. Additionally, in its July 2018 Remand, the Board requested that the AOJ obtain the Veteran’s service personnel records and associate them with the claims file. Review of the record does not reveal that the Veteran’s service personnel records have been associated with the claims file; accordingly, remand is warranted. Last, VA treatment records dated May 2020 show the Veteran reported receiving Social Security Administration (SSA) disability benefits. However, SSA records have not been obtained. Accordingly, SSA records should be obtained upon remand. Updated treatment records should be obtained as well. The matters are REMANDED for the following actions: 1. Obtain the Veteran’s service personnel records and associate them with the claims file. 2. The AOJ must contact the Veteran and verify his mailing address. 3. If, on remand, the RO determines that the Veteran is currently homeless, then it must comply with the complete process set forth in 38 C.F.R. § 1.710(d) for all correspondence pertaining to this appeal. The RO must fully document its efforts to comply with this process. 4. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, the AOJ should request any relevant records identified. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran and his representative should be notified of such. 5. Request all documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding the claim. 6. After completing the above development, schedule the Veteran for a VA audiology examination to determine the current severity of his service-connected right ear hearing loss, as well as the current nature and possible relationship to service of his tinnitus. 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 indicated tests and studies, and 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 the Veteran’s right ear hearing loss disability on his functioning. In addition, the examiner must opine whether any identified tinnitus disability is at least as likely as not related to an in-service injury, event, or disease. 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. 7. Schedule the Veteran for VA examination(s) before an appropriate physician to determine the nature and etiology of his claimed disabilities of major depressive disorder, epilepsy, and traumatic brain injury (TBI). For each claimed disability, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, to include any radiation exposure, if verified. A complete rationale for all opinions must be provided. The examiner is advised that the Veteran is competent to report observable symptomatology. 8. If the Veteran fails to report for any of the scheduled examinations, a copy of the letter notifying the Veteran of the examination must be associated with the claims file. MICHELLE P. KATZ Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Medina, Associate 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.