Citation Nr: 1304867 Decision Date: 02/11/13 Archive Date: 02/21/13 DOCKET NO. 10-24 300 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD Dan Brook, Counsel INTRODUCTION The Veteran served on active duty from February 1967 to February 1969. This appeal to the Board of Veterans' Appeals (Board) arises from April 2006 and December 2008 rating decision of the Seattle, Washington Regional Office (RO) of the Department of Veterans' Affairs (VA). In April 2006, the RO awarded service connection for PTSD and assigned a 50 percent rating, effective from November 22, 2005. The Veteran submitted new and material evidence in support of his claim in December 2006, within one year of the April 2006 rating decision. See 38 C.F.R. § 3.156(b). The RO denied entitlement to a rating in excess of 50 percent for PTSD in December 2008. The Veteran perfected an appeal of the December 2008 rating decision. In September 2012, a Board hearing was held at the RO before the undersigned Veteran's Law Judge; a transcript of the hearing is of record. In September and October 2012, the Veteran's representative submitted additional evidence with a waiver of initial RO consideration. 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 Unfortunately, the Veteran's claim for increase requires further development before being decided. Although the Board sincerely regrets the additional delay the additional development is necessary to ensure a complete record and to afford the Veteran every possible consideration. Additional evidence, in the form of VA mental health treatment records for the period from January 2010 to February 2012, was received by the RO into the Virtual VA system in June 2012, subsequent to the April 2010 statement of the case (SOC) and prior to certification of the appeal and transfer of the claims file to the Board in August 2012. These records are relevant to the Veteran's claim for increase. In situations like this, when the additional evidence is relevant and not duplicative, the RO/AMC must furnish a supplemental statement of the case as provided in 38 C.F.R. § 19.31. In this regard, the waiver process of 38 C.F.R. § 20.1304(c) applies only to evidence submitted following certification of the appeal and transfer of records to the Board. There is no similar waiver process in the regulations for evidence received prior to certification and transfer of records to the Board. Thus, the Veteran's claim must be remanded for RO/AMC consideration of the evidence added to the record since the April 2010 SOC and issuance of a supplemental SOC (SSOC) in compliance with 38 C.F.R. § 19.31. As the claim must be remanded for the foregoing reason, any VA mental health treatment records dated since February 2012 should be obtained. Additionally, the Veteran should be asked to submit or identify (for VA to obtain) any records of private mental health treatment dated since September 2012, including records from treating psychologist, Dr. Heusler. Finally, as the case must be remanded for the foregoing reasons, the Veteran should also be afforded a current VA examination. Accordingly, the case is REMANDED for the following action: 1. Make arrangements to obtain any VA mental health treatment records, dated since February 2012. 2. Ask the Veteran to submit or identify any additional private mental health treatment records dated since September 2012. Obtain any records appropriately identified by the Veteran, including records from treating psychologist, Dr. Heusler. 3. Thereafter, schedule the Veteran for a VA psychiatric examination. The claims file and a copy of this Remand must be made available to and reviewed by the examiner in conjunction with the examination including. Any indicated tests and studies are to be conducted. Following examination of the Veteran, the examiner should identify what symptoms, if any, the Veteran currently manifests or has manifested in the recent past that are specifically attributable to his service-connected PTSD. The examiner must conduct a detailed mental status examination. The examiner must also discuss the effect, if any, of the Veteran's PTSD on his social and occupational adaptability. The examiner should assign a Global Assessment of Functioning (GAF) score for the Veteran's PTSD consistent with the American Psychiatric Association : Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM- IV) and explain the significance of the score. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. 4. Read the medical examination report obtained to ensure that the remand directives have been accomplished, and return the case to the examiner if all questions posed are not answered. 5. Finally, readjudicate the claim on appeal, with consideration of the additional evidence received since the April 2010 SOC. If the claim remains denied, provide the Veteran (and his representative, if any) with a supplemental statement of the case and allow an appropriate time for response. 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. 2012). _________________________________________________ P. M. DILORENZO 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).