Citation Nr: 21030904 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-28 432 DATE: May 19, 2021 ORDER Service connection for left thumb condition is dismissed. REMANDED A rating in excess of 10 percent for bilateral hearing loss is remanded. Entitlement to a separate rating for a psychiatric impairment, claimed as depression and anxiety, as a manifestation of the Veteran's service-connected hearing loss is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. FINDING OF FACT On January 2020, prior to the promulgation of a decision in the appeal, the appellant withdrew his claim for left thumb condition. CONCLUSION OF LAW The criteria for withdrawal of left thumb condition by the appellant have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 1969 to September 1972. In January 2020, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. The Veteran's claim of a separate service connection for an acquired mental disorder due to his service-connected hearing loss has been recharacterized to include all psychiatric disorders reasonably raised by the record. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Left thumb condition On January 9, 2020, during his BVA hearing, the appellant withdrew his claim for left thumb condition. The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 19.55. In the present case, the appellant has withdrawn his left thumb condition, and, hence, there remain no allegations of errors of fact or law for appellate consideration with this issue. Accordingly, the Board does not have jurisdiction to review this issue and it is dismissed. REASONS FOR REMAND Hearing loss, psychiatric disability and TDIU The Veteran reported at his January 2020 BVA hearing that his bilateral hearing loss condition warrants an increase rating because the condition has worsened since the last VA examination on May 2018. In support, the record shows an audiogram taken in October 2019 that indicates severe to profound hearing loss. See Non-VA medical treatment record (October 2019). When a claimant asserts that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. As such, the Veteran must be afforded another VA examination. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997; see also VAOPGCPREC 11-95 (April 7, 1995). Therefore, the Board finds that a medical evaluation is necessary to determine the Veteran's current severity and impact of his bilateral hearing loss. In addition, the Veteran reported at his January 2020 BVA hearing that his service-connected disabilities affect his employable status and has contributed to his early retirement. See BVA hearing transcript (January 2020). To this date, no VA form 21-8940 has been received. As such, the issue of entitlement to TDIU has been raised. The evidence shows that the Veteran is not working and in light of the decision of the United States Court of Appeals for Veterans Claims (Court) in Rice v. Shinseki, 22 Vet. App. 447 (2009), this issue must be remanded. Additionally, the Board finds that the Veteran's TDIU claim is inextricably intertwined with the readjudication of the matters on remand. See Harris v. Derwinski, 1 Vet. App. 181 (1991) (two or more issues are inextricably intertwined if one claim could have significant impact on the other). Regarding his psychiatric disorder, the Veteran credibly stated that his service-connected hearing loss causes depression. See BVA hearing transcript (January 2020). Specifically, he contends that his hearing loss affects him occupationally and socially. Moreover, this issue has adversely compromised his quality of life causing depression and anxiety. Id. In Morgan v. Wilkie, 31 Vet. App. 162 (2019), the United States Court of Appeals for Veterans Claims (Court) held, "VA has powerful, ready-made schedular rating tools with which it can better adjudicate claims that include symptoms and effects not contemplated by an applicable diagnostic code." 31 Vet. App. 162, 167. Thus, remand is warranted for VA to determine whether the Veteran has a psychiatric impairment, claimed as depression and anxiety, that is a manifestation of his service-connected hearing loss. As there is no recent examination to determine the severity of his bilateral hearing loss and no exam to adequately address the possibility of any psychiatric disability, to include depression and anxiety, as secondary to the Veteran's service-connected hearing loss, a remand is necessary to have the Veteran examined and for an examiner to review his claims folder and provide opinions necessary to adjudicate this appeal. The matters are REMANDED for the following action: 1. Furnish the Veteran a VA form 21-8940 and request that he complete and submit it. 2. Obtain complete VA and Non-VA treatment records of the Veteran's bilateral hearing loss and psychiatric disability. 3. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, of the nature, extent and severity of his hearing problems, and the impact of his service-connected disabilities on his ability to work and psychiatric disability. The Veteran should also be invited to submit medical evidence addressing his bilateral hearing loss condition. The Veteran should be provided an appropriate amount of time to submit this lay and medical evidence. 4. Schedule a VA examination for an audiological examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible). Whether an in-person examination is necessary should be determined by the examiner to determine the current severity of the Veteran's bilateral hearing loss. 5. Afford the Veteran a VA psychiatric examination to determine any psychiatric impairment that is related to or is a manifestation of his service-connected hearing loss. All psychiatric disabilities found to be present must be diagnosed. The examiner should provide a full description of his psychiatric problems and report all signs and symptoms necessary for evaluating the Veteran's disability. In doing so, the examiner must specifically acknowledge and discuss the Veteran's medical and competent lay reports. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Alvarado- 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.