Citation Nr: 1323243 Decision Date: 07/22/13 Archive Date: 08/01/13 DOCKET NO. 09-46 614A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Nichols, Associate Counsel INTRODUCTION The Veteran served on active duty from May 1968 to May 1974. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which continued the 30 percent disability rating for service-connected PTSD. A review of the Virtual VA paperless claims processing system reveals documents that are either duplicative of the evidence of record or are not pertinent to the present appeal. 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 law provides that VA shall make reasonable efforts to notify a claimant of the evidence necessary to substantiate a claim and requires the VA to assist a claimant in obtaining that evidence. 38 U.S.C.A. §§ 5103, 5103A (West 2002); 38 C.F.R. § 3.159 (2012). This "duty to assist" contemplates that VA will help a claimant obtain records relevant to his claim, whether or not the records are in Federal custody, and that VA will provide a medical examination or obtain an opinion when necessary to make a decision on the claim. 38 C.F.R. § 3.159(c)(4). In a May 2013 Appellant's Brief, the Veteran, through his representative, avers that the latest VA examination of record (November 2009) does not reflect the current nature and severity of his service-connected PTSD, nor does it reflect his deteriorating mental health since the November 2009 examination. VA's duty to assist a Veteran includes providing a thorough and contemporaneous examination when the record does not adequately reveal the current state of the Veteran's disability. Hart v. Mansfield, 21 Vet. App. 505, 508 (2007) (citing, inter alia, Green v. Derwinski, 1 Vet. App. 121, 124). The record is inadequate and the need for a contemporaneous examination occurs when the evidence indicates that the current rating may be incorrect due to the passage of time and a possible increase in disability. Hart, 21 Vet. App. at 508. Thus, the Board will remand for the Veteran to obtain a new VA examination to assess the current nature and severity of his PTSD. Futhermore, the record shows that in 2008, the Veteran was granted Social Security Administration (SSA) disability benefits. Where VA has notice that a veteran is receiving SSA benefits, and that those records may be relevant, VA has a duty to acquire a copy of the decision granting SSA disability benefits, and the supporting medical documents on which the decision was based. Golz v. Shinseki, 590 F.3d 1317, 1320-1321 (Fed. Cir. 2010). Thus, the records relating to the SSA disability determination should be obtained. Additionally, any and all private or VA treatment records pertinent to the Veteran's treatment of PTSD should be obtained considering that the last medical evidence of record is from 2009. Accordingly, the case is REMANDED for the following action: 1. The RO should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his PTSD. After acquiring this information and obtaining any necessary authorization, the RO should obtain and associate these records with the claims file. The RO should obtain any and all outstanding VA medical records from September 2009 onward pertaining to the treatment of the Veteran's PTSD. 2. The RO should request the Veteran's medical and adjudication records from SSA and associate them with the case file. Efforts to obtain these records should be documented, and the SSA should provide a negative response if such records are not available. 3. After the development of records are completed, schedule the Veteran for an examination to determine the current nature and severity of his service-connected PTSD. The entire claims file should be made available to and be reviewed by the examiner. 4. Upon completion of the above action, readjudicate the claim for an increased evaluation for PTSD in excess of 30 percent. If any benefit sought remains denied, the case should be returned to the Board after compliance with requisite appellate procedures, including issuance of a supplemental statement of the case. 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). _________________________________________________ H. N. SCHWARTZ 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).