Citation Nr: 22044094
Decision Date: 08/03/22	Archive Date: 08/03/22

DOCKET NO. 19-31 617
DATE: August 3, 2022

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the U.S. Army from September 1985 to December 1991. 

He testified at a Board hearing in February 2022 before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record. 

1. Entitlement to service connection for an acquired psychiatric disorder is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records.  The Veteran has indicated that he receives all psychiatric treatment from a VA facility.  These records have not been updated in his file since May 2019.  Any VA treatment records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.

2. Entitlement to service connection for bilateral hearing loss is remanded.

Remand to schedule the Veteran for another VA hearing examination is necessary.  The last examination was conducted in November 2018, but the results were not valid for rating purposes because the Veteran required multiple re-instructions and air and bone scores did not match up.  

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from May 2019 to the Present.

2. Schedule the Veteran for a VA examination for his claimed bilateral hearing loss.  The examiner must review the claims file.

The examiner is asked to provide a response to the following:

Is bilateral hearing loss at least as likely as not related to service, including noise exposure? 

Provide a rationale to support the opinion(s).

3.  Schedule the Veteran for a mental health examination to evaluate the nature and etiology of his claimed psychiatric disorder(s).  The examiner is asked to elicit from the Veteran the symptoms he has experienced since service, including their onset.  The examiner may provide comment on the credibility of the Veteran's statements.  After reviewing the entire claims file, the examiner is asked to:

(a.) Clarify all acquired psychiatric disorders diagnosed.  If the examiner finds the Veteran does not meet the criteria for bipolar disorder, PTSD, or alcohol use disorder, a full explanation is required.

(b.) For each diagnosed disorder, other than alcohol abuse disorder, state whether it is at least as likely as not that it began in service or is otherwise related to service, to include the Veteran's claimed stressors.

(c.) If a primary acquired psychiatric disorder is found to be related to the Veteran's military service, opine whether alcohol abuse disorder is at least as likely as not caused or aggravated by the primary acquired psychiatric disorder.

A complete rationale for the opinions rendered must be provided.   

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Price, Esq. 

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.