Citation Nr: 18143111
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 15-06 634
DATE:	October 18, 2018
REMANDED
The claim of entitlement to a disability rating in excess of 30 percent for post-traumatic stress disorder (PSTD) is remanded.
The claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1992 to October 1993.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 
In October 2018, the Veteran presented testimony before the undersigned Veterans Law Judge (VLJ).  This decision is being made under the “one-touch” program. A transcript of the hearing will be associated with the claims file at a later time.
1. Entitlement to a disability rating in excess of 30 percent for PSTD.
Remand is required to provide the Veteran with a new examination to ascertain the present severity of his PTSD.  When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate.  VAOPGCPREC 11-95 (April 7, 1995); Snuffer v. Gober, 10 Vet. App. 400 (1997).  During his hearing, the Veteran testified that his PTSD had worsened since his most recent VA examination in October 2013.  The Board therefore finds that remand is warranted to provide an updated to determine the severity of the Veteran’s PTSD.
2. Entitlement to TDIU.
The appeal of entitlement to a TDIU is intertwined with the remaining issue being developed herein.  Accordingly, the issue must be resolved prior to further consideration of the Veteran’s claim for TDIU. Harris v. Derwinski, 1 Vet. App. 180 (1991).
The matters are REMANDED for the following action:
1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment.  If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file.  Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile.  The non-existence or unavailability of such records must be verified and this should be documented for the record.  Required notice must be provided to the Veteran and his or her representative.
2. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected PTSD.  The entire claims file must be made available to and be reviewed by the examiner.  Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis.  An explanation for all opinions expressed must be provided.  The relevant Disability Benefits Questionnaire must be utilized.
3. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim.  38 C.F.R. §§ 3.158, 3.655 (2017).  In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address.  It must also be indicated whether any notice that was sent was returned as undeliverable.
 
K. MILLIKAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Steve Ginski, Associate Counsel