Citation Nr: 18150040
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 16-38 995
DATE:	November 14, 2018
REMANDED
Entitlement to a disability evaluation in excess of 30 percent for service connected posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran is seeking a higher disability evaluation for his service connected PTSD.  It noted that the Veteran limited his appeal to this matter on his August 2016 VA Form 9, Appeal to Board of Veterans’ Appeals.
The Veteran was last afforded a VA examination of his acquired psychiatric disability in October 2014, four years ago, and since that time, the RO has determined that the Veteran is not competent to manage the disbursement of his benefits.  Where the record does not adequately reveal the current state of that disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination.  See Suttman v. Brown, 5 Vet. App. 127, 138 (1993); Green (Victor) v. Derwinski, 1 Vet. App. 121, 124 (1991).  An examination too remote for rating purposes cannot be considered "contemporaneous."  See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994).  
Accordingly, on remand, the Veteran should be afforded a new VA examination of his service connected PTSD.
Additionally, the record reflects that the Veteran is currently incarcerated.  While some medical records from the Idaho State Department of Correction have been associated with the Veteran's claims folder, there are no records more current than August 2014.  A remand is required to allow VA to obtain authorization and request these records.
The matter is REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for the Idaho State Department of Correction.  Make two requests for the authorized records from the Idaho State Department of Correction, unless it is clear after the first request that a second request would be futile.
2. After obtaining any outstanding records, schedule the Veteran for an appropriate VA examination to determine the severity of his service-connected PTSD.  The RO should document all attempts to schedule the Veteran, who is incarcerated, for a VA examination as follows:
a.) Contact the correctional facility in order to determine whether it is feasible for the Veteran to attend a VA examination or have a VA examiner conduct the examination at the correctional facility.
b.) If it is not possible to have a VA examiner conduct the examination, the RO should request that a medical professional at the correctional facility perform the examination. 
c.) If, after attempting to schedule an examination by a VA examiner or non-VA examiner at the correctional facility, the RO determines that a physical examination is not possible due to the Veteran’s incarceration, the RO should arrange for the Veteran's claims file to be reviewed by an appropriate clinician to assess the severity of the Veteran’s service-connected PTSD.
3. Ensure that the examination report obtained, if any, provides a full description of the disability and including all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.
 
 C.A. SKOW
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. D. Anderson, Counsel