Citation Nr: 18143053 Decision Date: 10/17/18 Archive Date: 10/17/18 DOCKET NO. 16-16 096 DATE: October 17, 2018 REMANDED Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1969 to April 1971. This matter comes before the Board of Veterans’ Appeal (Board) on appeal from a rating decision issued in September 2012 by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript is of record. At such time, he submitted additional evidence for consideration in his appeal. 38 U.S.C. § 7105(e)(1). Thereafter, additional relevant evidence consisting of updated VA treatment records was associated with the record in September 2017. The Veteran has not waived Agency of Original Jurisdiction (AOJ) consideration of such evidence. 38 C.F.R. § 20.1304(c). However, as the Veteran’s claim is being remanded, the AOJ will have an opportunity to review the newly received evidence such that no prejudice results to him in the Board considering such evidence for the limited purpose of issuing a comprehensive and thorough remand. Entitlement to a rating in excess of 30 percent for PTSD. The Board finds that a remand is necessary in order to afford the Veteran a contemporaneous VA examination so as to determine the current nature and severity of his PTSD. In this regard, the Board observes that he was last examined by VA in September 2012. However, since such examination, he has reported increased or additional psychiatric symptomatology during VA treatment and at the August 2017 Board hearing, to include difficulty with working with others, uncontrollable crying, increased mood variations, increased episodes of withdrawal and isolation, and a general lack of motivation. Additionally, the Veteran has indicated that, while he previously owned a contracting company, he stopped working in such capacity in approximately 2013, and instead worked for the marina where lived on a part-time ad hoc basis. Therefore, as the evidence suggests that the Veteran’s PTSD symptomatology may have increased in severity since the prior VA examination, a remand is necessary in order to schedule the Veteran for an appropriate VA examination in order to assess the current nature and severity of such service-connected disability. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). While on remand, the Veteran should be given an opportunity to identify any records relevant to the claim on appeal that have not been obtained. In this regard, he testified that he received treatment for his PTSD from a private provider, Dr. Glick, and through the VA. Thereafter, all identified records should be obtained. The matter is REMANDED for the following action: 1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal, to include those from Dr. Glick. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records dated from May 2017 to the present. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Afford the Veteran an appropriate VA examination to determine the current nature and severity of his PTSD. The record, to include a copy of this remand, must be made available to the examiner. All necessary tests should be conducted. The examiner should describe the current nature and severity of all manifestations of the Veteran’s PTSD, and describe the resulting impact on his social and occupational functioning. A rationale should be provided for any opinion offered. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Tiffany Alston, Associate Counsel