Citation Nr: 21031276 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 15-11 342 DATE: May 21, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to service connection for a back disability is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for a sinus condition is remanded. REASONS FOR REMAND The Veteran had active military service from January 1980 to April 1980. He also had periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) with the Army National Guard. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision of a VA Regional Office (RO). In July 2018, the Board remanded these claims for additional record development and translation of documents. The Veteran testified before a different Veterans Law Judge (VLJ) at an April 2016 hearing before the Board of Veterans' Appeals (Board). In April 2021, VA sent the Veteran a letter informing him that the VLJ who had conducted his hearing was no longer available. The letter informed the Veteran of his right to request another Board hearing. The Veteran did not respond within 30 days of the date of the letter; therefore, the Board will assume he does not want another hearing and will proceed with adjudication. Finally, the Veteran asserts that he suffers from an anxiety disorder as a result of his active service. Pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Board has recharacterized the Veteran's claims to include any psychiatric disorder. As emphasized in Clemons, though a Veteran may only seek service connection for a particular psychiatric condition, the Veteran's claim cannot be limited only to that diagnosis but must rather be considered a claim for any mental disability that may be reasonably encompassed. 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Veteran asserts that he experiences an acquired psychiatric disorder that began during active service. See March 2016 Board hearing. The Veteran has not been afforded a VA examination on the nature and etiology of the claimed condition; therefore, this claim must be remanded for additional development. 2. Entitlement to service connection for a back disability is remanded. The Veteran asserts that he experiences a back condition that began during active service due to heavy lifting he performed as part of his service duties. See March 2016 Board hearing. The Veteran has not been afforded a VA examination on the nature and etiology of the claimed condition; therefore, this claim must be remanded for additional development. 3. Entitlement to service connection for bilateral hearing loss is remanded. The Veteran asserts that he experiences bilateral hearing loss that began during active service due to exposure to potentially hazardous noise, including detonating land mines as part of the Corps of Engineers. See March 2016 Board hearing. The Veteran's service treatment records (STR) show a decrease in the Veteran's measured hearing acuity between the time of a February 1979 audiogram and the audiometric scores recorded in a March 1991 medical examination. The Veteran has not been afforded a VA examination on the nature and etiology of the claimed condition; therefore, this claim must be remanded for additional development. 4. Entitlement to service connection for a sinus condition is remanded. The Veteran asserts that he experiences a sinus condition that arose during active service, in part due to exposure to secondhand tobacco smoke. See March 2016 Board hearing. The Veteran's service treatment records (STR) show treatment for a runny nose and sore throat, or related conditions, in February and June 1987 and July 1988. The Veteran has not been afforded a VA examination on the nature and etiology of the claimed condition; therefore, this claim must be remanded for additional development. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of his hearing loss. The electronic claims file and a copy of this Remand must be made available to and be reviewed by the examiner in conjunction with the examination. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records, and lay statements; the examiner must indicate on the examination report that such review was undertaken. The examiner must address the Veteran's March 2016 Board hearing testimony. The examiner should address the following matters: (a) Does the Veteran's hearing loss meet the criteria to be considered a disability for VA purposes under 38 C.F.R. § 3.385? (b) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran's hearing loss began during or as a result of his active service? A clear rationale should be provided for all opinions. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination. 2. Schedule the Veteran for one or more appropriate VA examinations by one or more appropriate physicians to determine the nature and etiology of the Veteran's low back and sinus conditions. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including this Remand and the Veteran's March 2016 Board hearing testimony. The examiner(s) should answer the following questions: (a) Identify all back or spine conditions present during the period on appeal. (b) For each diagnosed condition, is it at least as likely as not (a 50 percent or greater probability) that the Veteran's back condition began during or as a result of his active service? (c) Identify all sinus conditions present during the period on appeal. (d) For each diagnosed condition, is it at least as likely as not (a 50 percent or greater probability) that the Veteran's sinus condition began during or as a result of his active service? A clear rationale should be provided for all opinions. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination. 3. After completion of the above, schedule the Veteran for a VA examination, with a psychiatrist or psychologist, regarding his claim of service connection for an acquired psychiatric disorder, to include an anxiety disorder. The examiner should review the file. The examiner should also discuss the Veteran's military and medical history, and current complaints and symptoms, with the Veteran and document the Veteran's assertions in the examination report. The examiner should specifically review and comment on the Veteran's March 2016 Board hearing testimony. All opinions must be supported by a rationale. (a) The examiner should identify all of the Veteran's psychiatric disorder(s) that have been present during the period on appeal. (b) For each identified psychiatric disorder, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that the disorder began during active duty or is related to any incident/event of active duty, including wartime activity. A complete rationale should be provided for all opinions. The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination. K. Anderson Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Hicks, 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.