Citation Nr: 0810168 Decision Date: 03/27/08 Archive Date: 04/09/08 DOCKET NO. 06-27 354 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUE Entitlement to an initial rating in excess of 50 percent for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: National Association of County Veterans Service Officers WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Eric S. Leboff, Counsel INTRODUCTION The veteran had active service from November 1966 until November 1968. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a rating decision of the Department of Veterans Affairs (VA), Regional Office (RO) in Newark, New Jersey. The veteran provided testimony at a January 2008 hearing before the undersigned. A copy of the hearing transcript is associated with the claims folder. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Veterans Claims Assistance Act of 2000 (VCAA) describes VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103(a), 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2007). Upon receipt of a complete or substantially complete application for benefits, VA is required to notify the claimant and his or her representative, if any, of any information, and any medical or lay evidence, that is necessary to substantiate the claim. 38 U.S.C.A. § 5103(a) (West 2002); 38 C.F.R. § 3.159(b) (2006); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Additionally, the VCAA provides that VA shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim, unless no reasonable possibility exists that such assistance would aid in substantiating the claim. In the present case, the Board finds that additional development is required in order to satisfy VA's obligations under the VCAA. Specifically, it is determined that an examination is necessary in order to accurately assess the severity of the veteran's PTSD. In so finding, it is acknowledged that a VA examination was performed in March 2005. However, information provided at the veteran's January 2008 hearing before the undersigned suggests that his condition has worsened since his last examination. Indeed, the veteran stated that he had to stop working in June 2007 due to his PTSD symptoms. He also reported problems in his marital relationship that appear to reflect a worsening of PTSD. Because the evidence of record indicates a potential worsening of the veteran's PTSD since his last examination in 2005, such examination should be scheduled. Additionally, the veteran stated at his January 2008 hearing that he received weekly psychiatric treatment at a VA facility in Lyons, New Jersey, and also at the Vet Center. Such records should be obtained and associated with the claims folder. Accordingly, the case is REMANDED for the following action: 1. Contact the VA Medical Center or outpatient clinic in Lyons, New Jersey, and request VA psychiatric treatment reports of the veteran from July 2007 to the present. Any negative search should be indicated in the record. 2. After obtaining appropriate authorization from the veteran, contact the Vet Center in Trenton, New Jersey, and request all treatment reports of the veteran. Any negative search should be indicated in the record and should also be made known to the veteran. 3. Arrange for a psychiatric examination to determine the severity of the veteran's PTSD. All necessary tests should be conducted. The examiner should comment on the extent to which the veteran is socially and occupationally impaired due to PTSD. The examiner should also opine whether it is at least as likely as not that the veteran is precluded from securing and maintaining substantially gainful employment as a result of his service-connected PTSD. Further, the veteran's Global Assessment of Functioning (GAF) score should be noted, and the examiner should explain what specific symptomatology serve as the basis for the GAF rating. Any opinions offered should be accompanied by a clear rationale consistent with the evidence of record. The claims folder should be reviewed in conjunction with the examination and the examiner's report should indicate that such review occurred. 4. Upon completion of the above, readjudicate the issue on appeal and consider all evidence received since issuance of the most recent Supplemental Statement of the Case. If any benefit sought on appeal remains denied, the appellant and his representative should be furnished an appropriate supplemental statement of the case and be provided an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration, as appropriate. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ L. HOWELL Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).