Citation Nr: 1329247 Decision Date: 09/12/13 Archive Date: 09/20/13 DOCKET NO. 10-44 531 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Entitlement to a higher initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Georgia Department of Veterans Services ATTORNEY FOR THE BOARD Bordewyk, Alicia R. INTRODUCTION The Veteran served on active duty from June 1969 to January 1972. This case comes before the Board of Veterans' Appeals (Board) on appeal from a October 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia, which, in pertinent part, granted service connection for PTSD, with a 30 percent rating assigned, effective April 8, 1999. The claim was remanded in June 2011 for additional development. Unfortunately, further development is necessary in order to properly adjudicate the claim. 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 In its June 2011 remand, the Board requested that the Veteran be provided with a new VA examination to assess the severity of service-connected PTSD. A new examination was provided in August 2011. During that examination, the Veteran reported that he continued to receive VA mental health treatment, including at the Dublin VA medical center (VAMC) and the Perry Community Based Outpatient Clinic (CBOC). The last VA treatment of record is dated in September 2010. Therefore, there are outstanding VA treatment records relevant to this claim. Where VA has constructive and actual knowledge of the availability of pertinent reports in the possession of the VA, an attempt to obtain those reports must be made. See Bell v. Derwinski, 2 Vet. App. 611 (1992). All relevant records in VA's possession must be obtained. In addition, the Board requests that a new VA examination be obtained to assess the current severity of PTSD. To this end, the Board notes that the August 2011 VA examiner found that the service-connected symptomatology resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care, and conversation. However, during the examination, the Veteran reported symptoms which may suggest more severe impairment, such as impaired judgment, panic attacks, suicidal ideation, and the inability to obtain and maintain effective work and social relationships. The Board requests that the examiner provide a rationale or greater detail in support of any findings regarding the level of the Veteran's impairment. Accordingly, the case is REMANDED for the following action: 1. Obtain all outstanding VA medical records and associate them with the claims file or Virtual VA. All efforts to obtain these records must be documented in the claims file. Such efforts should continue until they are obtained, it is reasonably certain that they do not exist, or that further efforts would be futile. 2. Once the above development has been completed, provide the Veteran with a new VA examination with a qualified psychologist or psychiatrist to determine the current severity of his service- connected PTSD. The claims folder, including any relevant evidence in Virtual VA, must be made available to the examiner in conjunction with the examination and the examiner should acknowledge review of such in the examination report or in an addendum. The examiner should provide an opinion as to the severity of the service-connected symptomatology and its impact on occupational and social functioning. The examiner is requested to thoroughly explain any findings regarding the current level of impairment that are made. The examiner is also requested to opine as to whether the Veteran's service-connected symptomatology prevent him from obtaining and maintaining employment, for which his education and experience would otherwise qualify him. The rationale for all opinions should be provided. 3. The agency of original jurisdiction (AOJ) should review the examination report to ensure that it contains the information, opinions, and rationales requested in this remand. 4. After completion of all requested and necessary development, the AOJ should review the record in light of the new evidence obtained. If any benefit for which there is a perfected appeal remains denied, the Veteran and his representative should be furnished with a supplemental statement of the case. Once they are afforded an opportunity to respond, the claim should be returned to the Board for appellate review. 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 2002 & Supp. 2012). _________________________________________________ J. A. MARKEY 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).