Citation Nr: 18150795 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 17-60 949 DATE: November 15, 2018 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1967 to July 1970. The case is on appeal from a rating decision issued in March 2016 by a Department of Veterans Affairs (VA) Regional Office. The March 2016 rating decision denied a rating in excess of 30 percent for the Veteran’s service-connected PTSD, and he perfected a timely appeal. In December 2016, the Board of Veterans’ Appeals (Board) remanded the issue for further development and has returned for appellate review. Thereafter, a November 2017 rating decision increased the rating to 50 percent. Despite this increase, the issue remains in appellate status as the maximum rating has not been assigned for the entire period on appeal. See AB v. Brown, 6 Vet. App. 35, 38 (1993). The December 2016 Board decision also remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU). The Agency of Original Jurisdiction (AOJ) granted entitlement to a TDIU in a March 2018 rating decision. As the Veteran has not disagreed with such decision, the Board finds the issue is no longer on appeal. Additional evidence was received subsequent to the issuance of the November 2017 statement of the case. As the Board remands the issue on appeal herein, the AOJ will have the opportunity to review such evidence. Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. The Veteran underwent VA examination in May 2013 and June 2015 to determine the severity of his service-connected PTSD. Thereafter, the Veteran submitted a private medical opinion from Dr. A. I. dated June 2016. Dr. A. I. essentially indicated the Veteran was unemployable due to his PTSD with alcohol dependency, and associated cognitive impairment. He found the Veteran had 30 percent disability due to PTSD and 70 percent disability due to neurocognitive disorder, which was connected to his alcohol dependency and PTSD. As noted above, the AOJ granted a TDIU, effective May 10, 2009. Here, the Board finds such evidence suggests the Veteran’s symptomatology may have increased in severity since the most recent VA examination, and as such, remand is necessary to schedule him for an appropriate VA examination to assess the current nature and severity of his service-connected PTSD. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). Further, while on remand, updated VA treatment records dated from March 2018 to the present should be obtained for consideration in the Veteran’s appeal. The matter is REMANDED for the following actions: 1. Obtain all outstanding treatment records, to include VA treatment records dated since March 2018. 2. Afford the Veteran an appropriate VA examination to determine the current nature and severity of his service-connected PTSD. The record, to include a complete copy of this Remand, must be made available to the examiner. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. The examiner should describe the nature and severity of all manifestations of the Veteran’s PTSD, and the resulting impact on his social and occupational functioning. A rationale should be provided for any opinion offered. M. M. CELLI Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Isaacs, Associate Counsel