Citation Nr: 18156266 Decision Date: 12/07/18 Archive Date: 12/07/18 DOCKET NO. 16-54 091 DATE: December 7, 2018 REMANDED The issue of entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1989 to August 1997. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston Salem, North Carolina. Entitlement to an initial rating for PTSD in excess of 50 percent is remanded. The Veteran asserts that her current PTSD disability is more disabling than that which is reflected in her initial 50 percent rating. The Veteran was last afforded a VA examination to evaluate her service-connected PTSD in September 2015. Since then, there has been evidence of worsening symptoms, specifically an April 2018 treatment record shows that the Veteran has suicidal ideations several times a week within a two-week time span. As such, a new VA examination is warranted to more accurately assess the severity of the Veteran’s PTSD symptoms. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) (holding that a Veteran is entitled to a new examination after a two-year period between the last VA examination and the Veteran’s contention that the pertinent disability had increased in severity). The duty to conduct a contemporaneous examination is triggered when the evidence indicates that there has been a material change in disability or that the currently assigned disability rating may be incorrect. Caffrey v. Brown, 6 Vet. App. 377, 381 (1994). Additionally, while the claim in on remand, the Agency of Original Jurisdiction (AOJ) should consider all of the evidence since the claim was last adjudicated in the September 2016 statement of the case (SOC). The Board observes that the additional evidence includes VA treatment records. Because this evidence was added to the claims file by VA, not submitted by the Veteran or his representative, the Veteran cannot waive initial AOJ review of this evidence. See 38 U.S.C. § 7105 (e); see also VA Fast Letter 14-02 (May 2, 2014). The matter is REMANDED for the following actions: This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). Expedited handling is requested. 1. Request any outstanding VA treatment records pertaining to the claim remanded herein, to include treatment records dated after the SOC. All attempts to secure this evidence must be documented in the claims folder. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 2. Provide the Veteran with an appropriate VA examination to determine the current symptoms and severity of her service-connected PTSD. The claims folder must be made available to and reviewed by the examiner. Specifically, the examiner is to review all VA treatment reports, including the April 2018 VA treatment report where the Veteran reported on the patient health questionnaire of having “suicidal ideations” several days within a two-week time span. All tests and studies deemed necessary by the examiner should be performed. In discussing the relevant clinical findings, the examiner should specifically note the Veteran’s current complaints, symptoms, any interference with daily and/or occupational activities, and the level of disability. The examiner must also provide information concerning the functional impairment that results from PTSD which may affect her ability to function and perform tasks in various occupational situations. 3. After review of the evidence of record, the AOJ should readjudicate the Veteran’s increased rating claim for PTSD. If the benefit sought on appeal is denied, in whole or in part, the Veteran and her representative should be provided a Supplemental Statement of the Case. L. Chu Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jones Council, Associate Counsel