Citation Nr: 18140198 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-30 755 DATE: October 2, 2018 REMANDED Entitlement to an initial disability rating in excess of 50 percent for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from July 1968 to July 1970. Entitlement to an initial disability rating in excess of 50 percent for PTSD is remanded. The Veteran is seeking a rating in excess of 50 percent for his PTSD. In the April 2016 notice of disagreement, he stated that clear and unmistakable error was made in deciding his claim because his symptoms are beyond what is necessary for 70 percent and are closer to 100 percent. At the outset, the Board notes that an assertion of clear and unmistakable error is a collateral attack on an otherwise final rating decision by a VA regional office. Smith v. Brown, 35 F.3d 1516, 1527 (Fed. Cir. 1994). As the January 2016 rating decision granting the Veteran a rating of 50 percent for PTSD is not final, an assessment of clear and unmistakable evidence is not warranted. Instead, as the rating decision is still on appeal and the Veteran has expressed disagreement with the rating assigned, the appeal is one for a higher rating. As the claim for an increase was filed within a year of the January 2016 rating decision granting service connection for PTSD, the appeal period extends to the original date of claim. As such, the rating assigned throughout the appeal period will be evaluated. However, the Board finds that additional development is necessary prior to adjudicating the claim. The Veteran was afforded an initial VA PTSD examination in November 2015. However, the examination does not reflect consideration of relevant evidence. In the April 2016 notice of disagreement, the Veteran identified records from Bloomfield Vet Center regarding his current PTSD symptoms. Additionally, he specified in the June 2016 Form 9 that Bloomfield records from August 2015 to June 2016 are missing from his claims file. The Board notes that East Orange VA Medical Center treatment reports throughout the appeal period, and as recent as July 2018, also reference the Veteran’s psychiatric treatment at Bloomfield Vet Center. As of date, psychiatric treatment records from Bloomfield Vet Center, specifically those beginning in August 2015, have not been associated with the claims file. As these records are highly relevant to the Veteran’s appeal, appropriate steps must be taken to associate these records with the claims file. The matter is REMANDED for the following action: 1. Contact the Veteran and request that he identify any VA or private facilities where he has been treated for PTSD. Obtain all outstanding VA records, particularly those from Bloomfield Vet Center since August 2015. For any identified private treatment records, seek authorization from the Veteran to obtain these records. If authorization is received, take appropriate steps to obtain these records. 2. After obtaining the additional records, schedule the Veteran for a new VA PTSD examination to ascertain the current severity and manifestations of his service-connected PTSD. The claims file must be made available to the examiner, and the examiner should state in the opinion that review of the electronic record was accomplished. The examiner must consider the Veteran’s lay statements and provide all information required for rating purposes. 3. After completing the above actions, readjudicate the claim on appeal. If the benefits sought on appeal remain denied, the Veteran should be furnished an appropriate Supplemental Statement of the Case and be provided an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate consideration, as appropriate. 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). GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Smith, Associate Counsel