Citation Nr: 21041149 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 18-27 151 DATE: July 8, 2021 REMANDED Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to August 30, 2019, and in excess of 70 percent from August 30, 2019, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1988 to October 1992. This case comes to the Board of Veterans' Appeals (Board) from a February 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office. In February 2021, the Board remanded the issues on appeal for additional development. The matters have been returned to the Board for review. A May 2021 rating decision assigned a higher rating of 70 percent to the Veteran's PTSD effective August 30, 2019, thereby creating staged ratings. The issue on appeal has been recharacterized accordingly. In Rice v. Shinseki, 22 Vet. App. 447 (2009), the U.S. Court of Appeals for Veterans' Claims (Court) held that entitlement to a total disability rating based on individual unemployability (TDIU) claim may be considered part and parcel of an increased rating claim. The Court found that when entitlement to a TDIU is raised during the adjudicatory process of the underlying disability, it is part of the claim for benefits for the underlying disability. There is no indication in the record that the Veteran is unemployed, and he has not alleged unemployability. The Board finds that a need for consideration of TDIU is not inferred as part of the claim for an increased rating for PTSD. Service connection for bilateral hearing loss In February 2021, the Board remanded the Veteran's claim to obtain all VA treatment records since December 2019, and to obtain complete audiological testing from the Veteran's VA audiological evaluations completed on January 17, 2017, and June 15, 2018. The Board requested that if VA audiological testing from the January 17, 2017, evaluation did not indicate whether the Maryland CNC test was used for speech recognition scores, to contact the audiologist who completed the examination and ask what word list was used. Here, updated VA treatment records were obtained and an additional copy of the June 15, 2018, VA audiology evaluation is associated with the claims folder. In the Supplemental Statement of the Case (SSOC), the RO indicated that the January 2017 examination included Maryland CNC testing. However, there is no indication that the RO attempted to obtain audiograms from the January 17, 2017, and June 15, 2018, audiology evaluations, and to determine whether Maryland CNC testing was used at the January 17, 2017, evaluation. Though the RO stated in the SSOC that the January 2017 examination included Maryland CNC testing, it appears that the RO was referring to the January 31, 2017, VA examination report, and not the January 17, 2017, audiology evaluation. Because the Board's remand directives were not completed, remand is required. Stegall v. West, 11 Vet. App. 268 (1998). Evaluation of PTSD In February 2021, the Board remanded the Veteran's claim to obtain a new VA examination and addendum opinion. In part, the examiner was asked to review the Veteran's past VA examinations, and comment as to why the examiners came to such different conclusions regarding the severity of the Veteran's psychiatric disorder. The examiner was also asked to address the overall severity of the Veteran's psychiatric symptoms since October 2015. A VA examination was completed in May 2021 that addressed the Veteran's current symptoms. However, the examiner did not address the questions presented in the Board's remand. Therefore, remand for corrective action is required. The matters are REMANDED for the following action: 1. Obtain the complete audiological testing results, including audiograms, from the Veteran's VA audio evaluations completed on January 27, 2017, and June 15, 2018. VISTA images should be specifically requested. Document all efforts to obtain these results. 2. If the VA audiological testing results from the January 27, 2017, evaluation do not indicate whether the Maryland CNC word list was used for speech recognition testing, contact the audiologist who performed the examination and ask her what word list was used. 3. If audiograms are not located from the January 27, 2017, and June 15, 2018, evaluations and/or if clarification regarding the Maryland CNC word list is not obtained, schedule the Veteran for a new VA audiological examination. The claims folder must be reviewed. The examiner must complete all necessary testing and opine whether any current bilateral hearing loss disability is at least as likely as not related to active service. A full rationale must be provided for any opinion reached. 4. Request an addendum opinion from the May 2021 VA examiner who provided the PTSD examination. If that examiner is unavailable, then obtain an addendum opinion from a suitably qualified clinician. Review of the claims folder must be completed. The examiner must review the Veteran's past VA examinations, including the February 2017, June 2019, and September 2019 examinations, and is asked to address why the examiners arrived at such different conclusions regarding the severity of the Veteran's psychiatric disorder. The examiner is also asked to address the overall severity of the Veteran's psychiatric symptoms since October 2015. If it is not possible to provide such a retrospective opinion, please explain why. A complete rationale must be provided for any opinion reached. 4. Thereafter, readjudicate the remanded issues, and if still denied, return the matters to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Seay, 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.