Citation Nr: 1322768	
Decision Date: 07/17/13    Archive Date: 07/24/13

DOCKET NO.  12-19 263	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Boston, Massachusetts


THE ISSUE

Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD).


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

K. Fitch, Counsel


INTRODUCTION

The Veteran served on active duty from August 1941 to December 1945, including combat service in World War II.  He received the Purple Heart Medal.

This matter comes before the Board of Veterans' Appeals (Board) from a March 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts, that, in pertinent part, granted entitlement to service connection for PTSD, evaluated as 30 percent disabling, effective September 21, 2009.

In his July 2012 substantive appeal, the Veteran indicated that he wished to testify at a hearing before a Veterans Law Judge at the local regional office.  A hearing was scheduled for March 2013, but was postponed at the Veteran's request.  Another hearing scheduled for May 2013, but the Veteran's representative reported that the Veteran was withdrawing his hearing request.  38 C.F.R. § 20.704.  

In addition to the Veteran's claims file, the Veteran also has a Virtual VA paperless claims file, which is a highly secured electronic repository that is used to store and review documents involved in the claims process.  The Board has reviewed the contents of the paperless file as well as the Veteran's claims file and will proceed with review of the claim based upon all relevant evidence. 

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).

The appeal is REMANDED to the RO via the Appeals Management Center (AMC).  The Veteran will be advised if further action is required on his part.


REMAND

In a letter dated in March 2011, a counselor at a Vet Center reported that he had been seeing the Veteran on a weekly basis since September 2009.  These records are not in the claim file.  VA has a duty to obtain these records.  38 U.S.C.A. § 5103A(b)-(c) (West 2002 & Supp. 2013).

The counselor's letter reports symptoms that appear to be worse than those reported on the VA examinations, which took place in January and October 2010.  For example, the counselor reported that the Veteran preferred to isolate himself, while the VA examinations indicate that he had good social relationships.  The VA examiners did not have the opportunity to review the counselor's subsequent report.  A new examination is needed to obtain a fully informed opinion as to the Veteran's functioning.  38 U.S.C.A. § 5103A(d) (West 2002 & Supp. 2013).

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

Accordingly, this case is REMANDED for the following:

1.  Obtain all records of the Veteran's treatment at the Worchester, Massachusetts Vet Center since September 2009.

2.  Afford the Veteran a VA examination to evaluate the current severity of the service connected PTSD.  The examiner should also comment on whether there have been changes in the severity of the PTSD since September 21, 2009.

The examiner should review the claims folder and note such review in the examination report.

3.  The agency of original jurisdiction should review the examination report to insure that it contains the findings sought in the remand instructions.

4.  If any benefit sought on appeal is not fully granted, the AOJ should issue a supplemental statement of the case and return the case to the Board, if otherwise in order.

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. 2013).




____________________________________________
Mark. D. Hindin
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).