Citation Nr: 21012221 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 14-29 990 DATE: March 3, 2021 REMANDED Service connection for hearing loss is remanded. Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. Service connection for left ankle scars is remanded. An initial disability rating higher than 0 percent for left ankle Achilles tendonitis is remanded. An initial disability rating higher than 10 percent for lumbar degenerative disc disease is remanded. An initial disability rating higher than 0 percent for headaches is remanded. Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from February 1967 to September 1969. These matters come to the Board of Veterans’ Appeals (Board) on appeal from rating decisions issued in June 2011, November 2011, May 2014, and July 2014 by a VA Regional Office (RO). In December 2016 and April 2018, the Board remanded the appeal for additional development. 1. Service connection for hearing loss is remanded. 2. Service connection for a psychiatric disorder, to include PTSD, is remanded. 3. Service connection for left ankle scars is remanded. 4. An initial disability rating higher than 0 percent for left ankle Achilles tendonitis is remanded. 5. An initial disability rating higher than 10 percent for lumbar degenerative disc disease is remanded. 6. An initial disability rating higher than 0 percent for headaches is remanded. Unfortunately, despite the Board’s previous remand to schedule new examinations at a location convenient for the Veteran, the Veteran has still not been scheduled for examinations. The September 2020 Supplemental Statement of the Case stated the Veteran had not reported for scheduled examinations. However, VA notification letters and internal communications show that the examination requests are still open and pending. An April 2020 letter from the RO to the Veteran informed the Veteran that a suitable contractor would contact him regarding the time and place of examinations. A May 2020 processing memorandum noted the appointments were not yet scheduled. Finally, an August 2020 request for examinations lists the relevant examinations as still open/pending. Remand for compliance with the Board’s April 2018 directives is required. See Stegall v. West, 11 Vet. App. 268, 270-71 (1998) (holding that remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the Board’s remand order). 7. Entitlement to a TDIU is remanded. The issue of entitlement to a TDIU remains inextricably intertwined with the remanded increased rating issues. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both issues have been considered). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination of any hearing loss that has existed since he filed his August 2013 claim. The examiner should opine whether it is at least as likely as not that the Veteran has hearing loss that: (a) began during active service; (b) manifested within one year after discharge from service; or, (c) is etiologically related to his active service. The examiner should consider all medical and lay evidence of record, including the Veteran’s lay description of in-service noise exposure and the complaints of hearing loss that are documented in the service treatment records (STRs). A full medical explanation should be provided for each opinion. 2. Schedule the Veteran for a VA examination regarding the issue of service connection for an acquired psychiatric disorder. If the Veteran has a DSM-5 diagnosis of PTSD, the examiner should opine whether it is at least as likely as not related to a verified in-service stressor. For each diagnosis other than PTSD, the examiner should opine whether it at least as likely as not: (a) had its onset during active service; (b) is otherwise related to active service; (c) was caused by service-connected disability; or, (d) was aggravated by service-connected disability. The examiner should address Social Security Administration records that suggest the Veteran has dysthymic disorder due to physical disabilities, including headaches and arthritis. A complete medical explanation should be provided for each opinion. 3. Schedule an VA examination regarding any left ankle scar(s). The examiner should opine whether any left ankle scar was at least as likely as not (a) incurred during active service; (b) caused by service-connected disability; or, (c) aggravated by service-connected disability. A complete medical explanation for each opinion should be provided. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left ankle and low back disabilities. The examiner should provide a full description of these disabilities and report all signs and symptoms necessary for evaluating each disability under the rating criteria. The examiner should attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups, and provide the degrees of range of motion, during flare-ups, in the examination report. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate of the additional impairment due to flare-ups based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement without speculation, the examiner must 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), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). A complete medical explanation should be provided to support any opinion. 5. Schedule the Veteran for an examination to determine the current severity of any headaches. The examiner should provide a full description of any disability and report all signs and symptoms necessary for evaluating each disability under the rating criteria. 6. After completion of the above directives and any other necessary action, re-adjudicate the claims, including the claim for entitlement to TDIU. Marissa Caylor Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Childers, 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.