Citation Nr: 21022589 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 19-21 550 DATE: April 16, 2021 REMANDED Entitlement to a higher rating in excess of 30 percent prior to September 4, 2018 and in excess of 50 percent thereafter for posttraumatic stress disorder (PTSD) is remanded. Entitlement to an increased evaluation in excess of 50 percent for bilateral hearing loss is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from January 1967 to December 1969 and from June 1971 to June 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by a Department of Veteran Affairs (VA) Regional Office (RO). At the outset, it is noted that the Veteran was determined in July 2019 to have been in receipt of Social Security Administration (SSA) disability benefits. However, it does not appear that the RO has attempted to retrieve records that served as the basis for that disability determination. As these records are in the constructive possession of VA as a federal agency, the duty to assist necessitates that they are obtained and associated with the claims file for appropriate review of the claims on adjudication. See 38 C.F.R. § 3.159 (c)(2); Golz v. Shinseki, 590 F.3d 1317, 1321-23 (Fed. Cir. 2010). Moreover, medical records from 2020 provide an indication of worsening of the Veteran’s service-connected bilateral hearing loss and PTSD since his last VA examinations. As to the issue of entitlement to a TDIU, the claims being remanded herein are inextricably intertwined with the Veteran's claim for a TDIU. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). Thus, TDIU must be remanded as well. The matters are REMANDED for the following action: 1. The Veteran should be requested to identify any additional records of treatment he wishes considered in connection with his appeal. Such records should be sought. 2. The RO should attempt to obtain and associate the Veteran’s SSA disability records with the claims file. Such attempts should be fully documented. 3. Schedule the Veteran for an examination with an appropriate specialist to ascertain the current severity of his service-connected hearing loss. The entire claims file should be made available to and be reviewed by the examiner, and it should be confirmed that such records were available for review. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. The examiner must consider the Veteran's lay testimony regarding worsening symptoms in rendering a decision. A fully articulated medical rationale for any opinion expressed must be set forth in the medical report. The examiner should discuss the particulars of this Veteran's medical history and the relevant medical science as applicable to this case, which may reasonably explain the medical guidance in the study of this case. 4. Schedule the Veteran for an examination with an appropriate specialist to ascertain the current severity of his service-connected psychiatric disability. The entire claims file should be made available to and be reviewed by the examiner, and it should be confirmed that such records were available for review. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. 5. After completing the above actions, the claim should be re-adjudicated and the AOJ should consider evidence associated with the claims file since the June 2019 Statement of the Case. If it remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. S. Sorathia Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Dodd, Ryan 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.