Citation Nr: 22017393
Decision Date: 03/25/22	Archive Date: 03/24/22

DOCKET NO. 18-40 356
DATE: March 25, 2022

REMANDED

A rating higher than 30 percent for posttraumatic stress disorder (PTSD) is remanded.

A compensable rating for bilateral hearing loss prior to May 6, 2018, and higher than 10 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1965 and March 1969.

In November 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

PTSD

Bilateral hearing loss

Remand is necessary as the Veteran has indicated that his PTSD and hearing loss have worsened since his most recent VA examinations. Specifically, at the November 2021 Board hearing, the Veteran reported that his PTSD symptoms have worse than the May 2017 VA examination and his hearing loss has worsened since the May 2018 VA examination. Additionally, the Veteran reported that his PTSD symptoms are worse than what is noted in his private treatment records. As such, new VA examinations are warranted.

The Board notes that Veteran failed to show for his mental health VA examination in May 2018. During the Board hearing, the Veteran explained that he had a schedule conflict. While the RO should attempt to accommodate the Veteran, he is reminded that the duty to assist is not a "one-way street," and failure to appear for these examinations may result in the denial of his appeal. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Then, schedule the Veteran for VA examination(s) by an appropriate clinician(s) to determine the current severity of his service-connected PTSD and bilateral hearing loss. The claims folder should be made available to and reviewed by the examiner(s). All tests deemed necessary should be conducted and the results reported in detail.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hemphill, Athena

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.