Citation Nr: 21022548 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 17-35 321 DATE: April 16, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a disability rating in excess of 10 percent for the service-connected left knee disability is remanded. Entitlement to an initial compensable disability rating for the service-connected right ear hearing loss disability is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Navy from July 1985 to March 1988 and from February 2003 to August 2003. This appeal comes before the Board of Veterans’ Appeals (Board) from September 2015 and March 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO) which, in pertinent part, denied service connection for PTSD and denied higher ratings for service-connected right ear hearing loss and service-connected left knee disability. The Veteran’s notice of disagreement (NOD) was received in April 2016. The RO issued the statement of the case (SOC) in June 2017, and the Veteran’s VA Form 9, substantive appeal was received in July 2017. In January 2021, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge. A transcript of the testimony is associated with the claims file. 1. Entitlement to service connection for PTSD. September 2015 and March 2016 VA Administrative Decisions determined that information required to verify or confirm the Veteran's claimed in-service stressors was insufficient to send to Joint Service Records Research Center (JSSRC) and/or insufficient to research the case any further which would benefit the Veteran. However, the Veteran's statements contained in his January 2021 virtual hearing as well as the additional evidence submitted by the Veteran in January 2021 were not considered when making the above decisions. At the hearing, the Veteran testified that in 1986 when he was in the Navy, they were doing some tests on a new piece of equipment that was installed on an aircraft. After he helped launch the aircraft, he was watching the flight, and the pilot lost control and crashed into the Chesapeake Bay. The Veteran testified that he was a plane mechanic and was the person who launched the aircraft, and that the pilot who crashed was Commander Crawford. Although the Veteran provided a copy of a tribute to Commander Crawford found on the Blue Angels website, the Veteran’s own involvement in the incident that caused Commander Crawford’s death has not yet been corroborated. Therefore, a remand is necessary to attempt to verify the Veteran's claimed in-service stressor. 2. Entitlement to a disability rating in excess of 10 percent for the service-connected left knee disability. The Veteran last received a VA examination for his service-connected left knee disability in May 2017. The May 2017 VA examination report revealed that joint stability testing was normal. During the Board hearing, the Veteran testified that his left knee was “very bad” and reported swelling and difficulty bending his knee. He stated that his left knee pain was constant and that this makes it very uncomfortable for him to sleep. He stated that he “can’t walk distances” and has trouble with stairs. The Veteran reported that his left knee stiffens when sitting and that he can only stand 15 to 20 minutes and can only walk a couple hundred feet. This evidence suggests that the Veteran's left knee disability has worsened since his last VA examination nearly four years ago. Accordingly, remand is warranted for a new VA examination to assess the current severity of the Veteran's service-connected left knee disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Additionally, the May 2017 VA examination does not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). Hence, the Veteran should be afforded a new examination upon remand. 3. An initial compensable disability rating for service-connected right ear hearing loss is remanded. The Veteran last received a VA examination for his service-connected right ear hearing loss disability in August 2015. During the Board hearing, the Veteran testified that he was experiencing difficulty hearing in his right ear due to tinnitus and experiences migraines as a result. VA treatment records dated in August 2019 indicate that audiological testing revealed a decline in hearing in the high frequencies in his right ear. This evidence suggests that the Veteran's right ear hearing loss disability has worsened since his last VA examination more than five years ago. Accordingly, remand is warranted for a new VA examination to assess the current severity of the Veteran's service-connected right ear hearing loss disability. See Snuffer, 10 Vet. App. at 403. The matters are REMANDED for the following action: 1. Review the additional responses provided by the Veteran regarding the claimed in-service stressors, including the January 2021 Board hearing transcript and January 2021 correspondence, and prepare a complete summary of all claimed stressors based upon review of all pertinent documents, including, but not limited to, the Veteran’s account of his involvement in the aircraft accident that killed Commander Crawford noted in the January 2021 hearing transcript at pages 10-11. Make an appropriate request to Joint Services Records Research Center (JSRRC) for verification of any stressors, as appropriate, including, but not limited to the Veteran’s alleged involvement in the aircraft accident involving the death of Commander Crawford. Any additional development recommended by JSRRC should be accomplished. If the stressor(s) cannot be verified, the AOJ should prepare a formal finding stating why verification could not be completed, and listing the steps taken in the attempt to verify the stressors. 2. If any of the Veteran’s claimed stressors are corroborated, schedule a VA psychiatric examination to determine whether the Veteran has a diagnosis of PTSD as a result of an in-service stressor. 3. Schedule a VA examination to ascertain the current severity of the Veteran's service-connected left knee disability. The VA electronic claims file, including a copy of this remand must be made available to and be reviewed by the examiner. All indicated testing should be accomplished and all symptomatology associated with the relevant disabilities should be identified. In addition to all findings identified on the appropriate examination form, the examiner should determine the effective range of motion in the Veteran's left knee and present the results of range of motion tests in a written report by recording separate sets of the range of motion test results for both active and passive motion, and in weight bearing and nonweight-bearing, and the range of motion in the opposite, undamaged joint. The examiner's report should describe objective evidence of painful motion, if any, during each test. It is not sufficient merely to indicate whether or not pain was present during one of the required range of motion tests, and it is requested that the examiner indicate the point at which pain beings. If any of these findings are not possible, please provide an explanation. In order to comply with Sharp v. Shulkin, 29 Vet. App. 26 (2017), the examiner is asked to describe whether pain, weakness, fatigue and/or incoordination significantly limits functional ability during flares or repetitive use, and if so, the examiner must estimate range of motion during flares or repetitive use. If the examination does not take place during a flare or repetitive testing cannot be performed, the examiner should have the Veteran describe and/or demonstrate the extent of motion loss during flares or repetitive use and provide the extent of motion loss described in terms of degrees. The examiner should also elicit from the Veteran the duration of such flare-ups, and the frequency of the flare-ups. If there is no pain and/or no limitation of function, such facts must be noted in the report. The examiner should comment as to whether there is any medical reason to accept or reject the Veteran's description of reduced range of motion during flares or repetitive use. (Continued on the next page)   4. Schedule the Veteran for a VA audiological examination to ascertain and evaluate the current level of severity of his hearing loss disability, as well as any functional limitations as a result of the hearing loss. The claims file, including a copy of this Remand, should be made available to the examiner. Any studies, tests, and evaluations deemed necessary by the examiner must be performed. L. B. CRYAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Modesto, Victor 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.