Citation Nr: 18155517
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 15-37 871
DATE:	December 4, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active duty from May 1969 to February 1971.  This matter is before the Board on appeal from a June 2014 rating decision. In November 2018, a videoconference hearing was held before the undersigned; a transcript of the hearing is in the record. 
Entitlement to a rating in excess of 30 percent for PTSD is remanded.
The most recent VA examination to evaluate the severity of the Veteran’s PTSD was in June 2014.  At the November 2018 videoconference hearing it was alleged that symptoms of the Veteran’s PTSD have increased in severity since that examination.  In light of the allegation of worsening and the 4-year interval since the Veteran was last examined, a contemporaneous examination to assess the disability is necessary.
Also, at the November 2018 videoconference hearing, the Veteran stated that he receives Social Security (SSA) disability benefits.  His claims file does not include any SSA records (other than SSA records for his son) (and does not reflect that they were sought).  SSA records are constructively of the record, and medical records considered in connection with an SSA disability determination may be pertinent and must be sought.
Additionally, the record suggests that the Veteran receives periodic VA treatment for his PTSD.  Records of ongoing treatment for the disability are pertinent (perhaps critical) evidence in this matter; VA records are constructively of record, and must be secured.
The matter is REMANDED for the following:
1. Secure for the record complete clinical records of all updated (to the present) VA evaluations and treatment the Veteran has received for PTSD, since June 2014.
2. Secure from SSA a copy of their determination on the Veteran’s claim for SSA disability benefits and the complete medical records considered in connection with such determination.  If such records are unavailable, it should be so noted in the record with explanation (e.g., the records were lost or destroyed).
3. Arrange for a psychiatric examination of the Veteran to assess the severity of his PTSD.  The Veteran’s entire record must be reviewed by the examiner in conjunction with the examination.  The examiner should have available for review the 38 C.F.R. § 4.130 criteria for rating mental disorders, and should note the presence or absence of each symptom listed in the criteria for ratings above 30 percent (and any symptoms of similar gravity found that are not listed). 
The examiner should also (based on review of the record and interview and examination of the Veteran) offer an opinion regarding the functional impact the Veteran’s PTSD has on his employability, identifying any types of employment that would rendered infeasible by the PTSD.
The examiner must include rationale with all opinions
 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Bayles, Associate Counsel