Citation Nr: 18156942
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 10-20 128
DATE:	December 11, 2018
REMANDED
Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from December 1965 to December 1967, to include service in the Republic of Vietnam.  The Veteran testified at a May 2017 Board hearing before the undersigned Veterans Law Judge.
Upon review, remand is required to afford the Veteran a VA examination.
The Veteran was last afforded a VA examination in December 2008.  In September 2017, the Board denied the Veteran’s claim for a disability rating in excess of 50 percent.  The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  The Court issued a May 2018 Order that granted a Joint Motion for Partial Remand (JMPR).  The JMPR stated that “[t]he parties agree that vacatur and remand are warranted because the Board erred when it failed to ensure compliance with the Department of Veterans Affairs (VA)’s duty to assist by providing a medical examination” and that “[r]emand is warranted in order for the Board to provide adequate reasons or bases as to whether an examination is warranted.”  The JMPR referenced evidence discussed in the September 2017 Board decision that indicated a possible increase in severity of the Veteran’s PTSD since the last August 2008 VA examination.  Referenced was a July 2017 VA treatment note stated that the Veteran’s “wife think[s] he maybe more depressed” and the Veteran’s May 2017 Board hearing testimony where he reported persistent thoughts of hurting others.  See May 2017 Board Hearing Transcript, page 19; see also February 2016 Appellant’s Brief (stating that the Veteran “believes that his PTSD has worsened since his last VA examination”).  As such, in light of the possible increase in severity of the Veteran’s PTSD since the last December 2008 VA examination, remand is required to afford the Veteran a new VA examination to determine the current severity of such disability.
While on remand, outstanding VA treatment records must also be obtained (the most recent VA treatment records of record are from November 2017).
The matter is REMANDED for the following action:
1. Obtain outstanding VA treatment records from November 2017.
2. Afford the Veteran an appropriate VA examination to determine the current severity of his PTSD.
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Hoopengardner, Counsel