Citation Nr: 1322557 Decision Date: 07/16/13 Archive Date: 07/24/13 DOCKET NO. 08-27 926 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for a psychiatric disorder to include schizophrenia and posttraumatic stress disorder (PTSD). 2. Entitlement to a rating higher than 10 percent for residuals of a left knee injury. 3. Entitlement to an effective date before June 25, 2010, for the grant of a 20 percent rating for a service-connected right ankle disability. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD L. J. Wells-Green, Counsel INTRODUCTION The Veteran served on active duty from July 1973 to July 1976, and with the Army National Guard from December 1980 to April 1991 with relevant periods of active duty for training (ACDUTRA) from March 21, 1987, to March 31, 1987, April 1, 1987, to April 4, 1987, and May 28, 1988, to June 17, 1988. This matter is before the Board of Veterans' Appeals (Board) on appeal from May 2007 and July 2010 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. In March 2013, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is in the record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. REMAND On the claim of service connection for a psychiatric disorder to include schizophrenia and posttraumatic stress disorder (PTSD), a VA examination and medical opinion under the duty to assist is needed to decide the claim. On the claim for increase for residuals of a left knee injury, in March 2013, the Veteran testified that his left knee had worsened since his most recent VA examination. A reexamination is needed to verify the current severity of the disability. 38 C.F.R. § 3.327. On the claim for an effective date before June 25, 2010, for the grant of a 20 percent rating for a service-connected right ankle disability, the Veteran timely filed a notice of disagreement to the rating decision in July 2010, assigning the effective date for the 20 percent rating for the right ankle disability. As the RO has not as yet issued a statement of the case, addressing the claim, the claim is remanded. Manlicon v. West, 12 Vet. App. 238, 240-41 (1999). Accordingly, the case is REMANDED for the following action: 1. Provide the Veteran a statement of the case on the claim for an earlier effective date for the 20 percent rating for the right ankle disability. The claim should be returned to the Board only if the Veteran files a timely substantive appeal. 2. Afford the Veteran a VA psychiatric examination to determine: Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability approximately 50 percent), or less likely than not (probability less than 50 percent) that the Veteran's current psychiatric disorder is: A progression of a history of sleep disturbance and nervousness with a normal psychiatric evaluation on separation examination from active duty in June 1976 or, A new and separate condition, first documented in 1988. The Veteran's file must be provided to the VA examiner for review. 3. Afford the Veteran a VA examination to determine the current severity of the left knee disability. The Veteran's file must be provided to the VA examiner for review. 4. After the above development, adjudicate the claims. If any benefit sought is denied, issue a supplemental statement of the case and return the case to the Board. The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). The claims 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. 38 U.S.C.A. §§ 5109B, 7112 _________________________________________________ George E. Guido Jr. 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).