Citation Nr: 22016125 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 17-59 153 DATE: March 21, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to an initial rating greater than 10 percent for tinnitus from September 17, 2015, is remanded. Entitlement to an initial rating greater than 50 percent for bilateral hearing loss from September 17, 2015, is remanded. Entitlement to an initial rating greater than 10 percent for right foot frostbite residuals from October 7, 2015, is remanded. Entitlement to an initial rating greater than 20 percent for left foot frostbite residuals from October 7, 2015, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from August 1948 to May 1952. He served in the Republic of Korea and his military decorations include the Combat Infantryman Badge and the Korean Service Medical with 5 Bronze Service Stars. The Veteran died in May 2016. The appellant is his surviving spouse who was substituted for the Veteran in December 2016. 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. A report of the Veteran's VA medical record indicates that he was in receipt of VA treatment since April 2006. The only VA treatment records of record begin in January 2015. Therefore, remand is necessary to obtain complete VA treatment records. Additionally, a November 2015 VA treatment record states a history of depression and an April 2016 VA treatment record indicates that the Veteran had nightmares due to his service in Korea. The Veteran was afforded a VA examination in May 2016 and the examiner diagnosed "probable vascular neurocognitive disorder." The examiner did not discuss other possible diagnoses, including the documented history of depression. The VA treatment records in the record were added to the file after the VA examination and medical opinion were obtained. The VA examination and medical opinion are inadequate. At the time they were obtained, the record did not contain relevant VA treatment records and the opinion was, therefore, based on an incomplete factual record. Additionally, VA treatment records remain outstanding at this time. Therefore, remand is necessary to associate all VA treatment records with the file and to obtain a new VA medical opinion. 2. Entitlement to an initial rating of more than 10 percent for tinnitus since September 17, 2015, is remanded. 3. Entitlement to an initial rating of more than 50 percent for bilateral hearing loss since September 17, 2015, is remanded. 4. Entitlement to an initial rating of more than 10 percent for right foot frostbite residuals since October 7, 2015, is remanded. 5. Entitlement to an initial rating of more than 20 percent for left foot frostbite residuals since October 7, 2015, is remanded. 6. Entitlement to a TDIU is remanded. In a January 2016 rating decision, the RO granted service connection for tinnitus, bilateral hearing loss, and right and left foot frostbite residuals. In January 2016, the Veteran submitted a notice of disagreement (NOD) with those issues. He also, subsequently, attempted to file a new claim for an increased rating for bilateral hearing loss in January and February 2016 and for an increased rating for tinnitus in January 2016. A February 2016 rating decision addressed entitlement to TDIU as part of the increased rating claims raised by the Veteran (see Rice v. Shinseki, 22 Vet. App. 447 (2009), but a statement of the case (SOC) has not been issued as to the issues appealed in the January 2016 NOD. These appeals remained pending at the time of the Veteran's death and, because the appellant was substituted for the Veteran, an SOC must be issued. Therefore, remand is necessary. See Manlincon v. West, 12 Vet. App. 238, 240-241 (1999). The matters are REMANDED for the following action: 1. Associate with the file all the Veteran's VA treatment records from April 2006 to January 2015. 2. Obtain a VA medical opinion as to the cause of each identified acquired psychiatric disorder. All findings should be reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Identify each of the Veteran's acquired psychiatric disorders. (b.) Provide an opinion as to whether each identified acquired psychiatric disorder was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. The examiner is advised that the Veteran had a documented history of depression; that the Veteran described two in-service stressors at his May 2016 VA examination; and that the Veteran was awarded a Combat Infantryman Badge and the Korean Service Medal with 5 Bronze Service Stars. A December 2015 Administrative Decision indicates that the Veteran served through "rough Korean winter months," and VA conceded exposure to cold weather as a result of the circumstances experienced during his service. The examiner is also advised that the Veteran's service treatment records (STRs) and service personnel records (SPRs) were likely destroyed in the 1973 fire. Therefore, an opinion based on a lack of documented in-service treatment or in-service experiences is inadequate. 3. Issue an SOC to the appellant and her accredited representative which addresses the issues of increased initial ratings for the Veteran's bilateral hearing loss, tinnitus, right and left foot frostbite residuals, and TDIU. The appellant should be given the appropriate opportunity to respond to the SOC. T. V. CASEY Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. E. Miller, 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.