Citation Nr: 1303502	
Decision Date: 02/01/13    Archive Date: 02/08/13

DOCKET NO.  09-32 432A	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Seattle, Washington


THE ISSUE

Entitlement to an evaluation in excess of 30 percent for post traumatic stress disorder (PTSD), from the initial grant of service connection.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

L. J. Vecchiollo, Counsel


INTRODUCTION

The Veteran served on active duty from March 2004 to September 2007.  

This matter came before the Board of Veterans' Appeals (Board) on appeal from a July 2008 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) that, in part, granted service connection for PTSD, which was subsequently rated 30 percent disabling effective from separation from service on September 10, 2007.  

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 Veteran's representative, in a February 2012 statement noted that the examiner who conducted the Veteran's latest PTSD examination in June 2011 did not review the Veteran's entire claims file or the VA psychiatric treatment records contained in the Virtual VA system.  It was also argued the Veteran's impairment had increased.  A new examination that contemplates all relevant records of treatment should be sought.  

Accordingly, the case is REMANDED for the following action:

1.  Obtain copies of the records of any VA psychiatric treatment the Veteran received dated since January 2012. 

2.  The Veteran should be afforded an examination by an examiner with appropriate expertise to assess the current severity of his service-connected PTSD.  The claims folders must be made available to and reviewed by the examiner.

All findings should be reported in detail, and all appropriate diagnostics should be performed.

The examiner should report the severity of the Veteran's PTSD in terms conforming to the appropriate rating criteria. The examiner should also provide an opinion regarding the social and occupational impairment caused by the PTSD.

The supporting rationale for all opinions expressed should be provided in the report.

3.  After the requested development has been completed, the claim should be readjudicated.  If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. 

The appellant has the right to submit additional evidence and argument on the matter 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. 2012).



_________________________________________________
MICHAEL E. KILCOYNE 
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) (2012).