Citation Nr: 22011682 Decision Date: 03/01/22 Archive Date: 03/01/22 DOCKET NO. 19-17 419 DATE: March 1, 2022 REMANDED Entitlement to service connection for hearing loss is remanded. Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1980 to August 2001. This matter is before the Board of Veterans' Appeals (Board) on appeal from October and November 2018 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in June 2021. A transcript of the hearing is associated with the electronic claims file. 1. Entitlement to service connection for hearing loss is remanded. The Veteran was given a VA examination for his hearing loss in September 2018. Here, the examiner opined while the Veteran had an MOS which was highly probable for noise exposure, that it was less likely than not that his current hearing loss was due to in-service noise exposure. At his June 2021 hearing, the Veteran testified that he initially began to notice hearing difficulty during his active service and was only provided hearing protection after over a year of noise exposure. Moreover, the Veteran testified that he has not had any noise exposure in his post-military employment. As military noise exposure is conceded, and the Veteran is service connected for tinnitus, and he testified that his hearing loss actually began during his active service, the Board finds that remand is warranted to obtain an addendum opinion regarding the etiology of the Veteran's hearing loss. 2. Entitlement to an initial rating in excess of 30 percent for PTSD is remanded. At his June 2021 hearing, the Veteran testified that his PTSD symptoms have worsened since his November 2018 VA examination for such. Moreover, the Veteran testified that he was receiving counseling for his PTSD through his primary care physician. The record does not contain any counselling records or any treatment records for the Veteran's PTSD. Accordingly, the Board finds that remand is necessary to update the record and to provide the Veteran with a new VA examination for his PTSD. See Snuffer v. Gober, 10 Vet. App. 400(1997) (noting that a veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (determining that Board should have ordered contemporaneous examination of Veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating]). The matters are REMANDED for the following action: 1. Update the electronic file with any new VA treatment records and private treatment records. Specifically, the RO should ask the Veteran to complete authorizations to obtain records from his primary care physician that he sees through Tricare, as well as any mental health providers seen through his primary care physician. 2. Obtain an addendum opinion regarding the etiology of the Veteran's hearing loss. The examiner should be given a copy of the Veteran's entire claims file and a note that such was reviewed should be included in his or her report. The examiner should provide an opinion as to the etiology of the Veteran's hearing loss. In formulating an opinion, the examiner should specifically consider and discuss the Veteran's June 2021 hearing testimony, wherein he testified that his hearing loss began during his active service and he has not had any post-military noise exposure. A detailed rationale for the opinion must be provided. If the reviewing clinician is unable to offer the requested opinion, it is essential that the reviewing clinician offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. 3. After the record has been updated, schedule the Veteran for a VA examination to determine the current severity of his PTSD. The examiner should be given a copy of the Veteran's entire claims file and a note that such was reviewed should be included in his or her report. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, 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.