Citation Nr: 18145467
Decision Date: 10/30/18	Archive Date: 10/29/18

DOCKET NO. 16-40 765
DATE:	October 30, 2018
REMANDED
Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1984 to June 1984 and from September 1990 to May 1991.
Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
The Veteran proffered a July 2017 and comprenehsive psycological examination and a Disability Benefits Questionnaire (DBQ) from Dr. Cieply. In Dr. Cieply’s report, he listed the records that he reviewed including records from Dr. Winn, Dr. Rupert, and Dr. Graeber. Although there are some records from Dr. Winn and Dr. Graeber in the claims file, it does not appear that the all of the records referenced by Dr. Cieply are associated with the claims file. Further, there are no treatment records from Dr. Rupert. The omission of potentially relevant records, particularly those in the possession of VA, necessitates that the claims must be returned for additional development. See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).
Additionally, a review of the DBQ would seem to indicate that there may be a worsening of the Veteran’s service-connected PTSD.  Thus, a new examination should be provided.
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. After obtaining any necessary authorization from the Veteran, all outstanding records, related to treatment for PTSD and other acquired psychiatric disorders should be obtained. 
The treatment records referenced by Dr. Cieply in his July 2017 examination report should be obtained. See VBMS document type entitled “VA Examination,” received 07/25/2017, on p. 12-15.
If any such records are unavailable, inform the Veteran and afford his representative an opportunity to submit any copies in his possession. Any negative response should be in writing and associated with the claims file.
In addition, obtain any outstanding VA treatment records and associate them with the claims file.
2. Schedule the Veteran for a VA examination for purposes of determining the current level of severity of the service-connected PTSD.
 
A. P. SIMPSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Cheng, Associate Counsel