Citation Nr: 22017301 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 17-05 027 DATE: March 24, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder, is remanded. Entitlement to a compensable evaluation for service-connected bilateral hearing loss is remanded. Entitlement to a total disability rating based upon individual unemployability prior to July 2, 2018, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1966 to October 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2013 and October 2016 rating decisions. In his January 2017 VA Form 9, the Veteran requested a hearing before the Board in conjunction with his appeal. A hearing was scheduled for August 2019 and the Veteran was notified via a letter in June 2019. However, prior to the scheduling of a hearing, the Veteran cancelled the hearing request. Thus, the Board considers the hearing request withdrawn. 38 C.F.R. § 20.704. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and unspecified depressive disorder, is remanded. The Veteran contends that his acquired psychiatric disorder is due to stressful events while on active duty in Germany. See March 2020 Appellate Brief. Alternatively, the Veteran contends that his acquired psychiatric disorder is related to his service-connected hypertensive heart disease. Id. The Veteran was afforded a VA PTSD examination in October 2015. The examiner found the Veteran had no diagnosis of PTSD and had a diagnosis of unspecified depressive disorder. The AOJ obtained a VA opinion in January 2017. The examiner opined the Veteran's unspecified depressive disorder was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. In the March 2022 Appellate Brief, the Veteran, through his representative, asserts that his acquired psychiatric disorder is due to his service-connected hypertensive heart disease. The Board cannot make a fully-informed decision on the issue of entitlement to service connection for an acquired psychiatric disorder because no VA examiner has opined whether the Veteran's acquired psychiatric disorder is due to his service-connected hypertensive heart disease. Therefore, remand is necessary to obtain an addendum opinion. 2. Entitlement to a compensable evaluation for service-connected bilateral hearing loss is remanded. The Veteran contends that his service-connected bilateral hearing loss has worsened and warrants a higher evaluation. The Veteran, through his representative asserts that his hearing loss has become worse since the last VA examination in November 2016. See March 2020 Appellate Brief. As the evidence of record suggests a material change in the Veteran's service-connected bilateral hearing loss since his last VA examination, the Board finds that the Veteran should be afforded new VA examinations to assess the current severity of his disabilities. See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007) (when a veteran alleges that his service-connected disability has worsened since he was previously examined, a new examination may be required to evaluate the current degree of impairment); see also 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 the 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). Therefore, remand is necessary to obtain a new VA examination. 3. Entitlement to total disability based upon individual unemployability (TDIU) prior to July 2, 2018, is remanded. Finally, because a decision on the remanded issues of entitlement to service connection for an acquired psychiatric disorder and a compensable evaluation for service-connected bilateral hearing loss could significantly impact a decision on the issue of TDIU, the issues are inextricably intertwined. A remand of the claim for TDIU is required. The matters are REMANDED for the following action: 1. Obtain an addendum opinion by an appropriate clinician to determine the nature and etiology of the Veteran's acquired psychiatric disorder. The entire file must be made available to the examiner, and the report should include discussion of the Veteran's documented history and assertions. The examiner must opine whether: a) it is at least as likely as not that the Veteran's acquired psychiatric disorder is proximately due to service-connected hypertensive heart disease. b) it is at least as likely as not that the Veteran's acquired psychiatric disorder is aggravated beyond its natural progression by service-connected hypertensive heart disease. The examiner is requested to provide a clear rationale and explain in detail the underlying reasoning for any opinions expressed. A discussion of the facts and medical principles involved would be of considerable assistance to the Board. If an examiner cannot provide the requested opinion without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. 2. Schedule the Veteran for an appropriate VA examination to evaluate the service-connected bilateral hearing loss. The entire file must be made available to the examiner, and the report should include discussion of the Veteran's documented history and assertions. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexia E. Palacios-Peters, 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.