Citation Nr: 18161035 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 09-46 407 DATE: December 28, 2018 REMANDED Entitlement to an initial rating in excess of 30 percent prior to June 27, 2016, for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served in the United States Army with active duty from August 1966 to August 1968, to include service in the Republic of Vietnam. In May 2014, the Veteran was afforded a Central Office hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. By way of background, this claim was previously before the Board in July 2017, at which time the Veteran’s initial rating for PTSD was increased from 10 to 30 percent, but not higher, prior to February 8, 2011, a rating in excess of 30 percent was denied for the period prior to June 27, 2016, and a rating in excess of 70 percent was denied for the period prior to that date. An additional claim of entitlement to service connection for a pulmonary disability, to include COPD and asthma, was denied. See, July 2017 Board decision. The Veteran appealed only that aspect of the decision that denied an initial rating for PTSD in excess of 30 percent prior to June 27, 2016, to the Court of Appeals for Veterans Claims (the Court). In a June 2018 joint motion for partial remand (JMPR), the Court vacated the Board’s July 2017 decision which denied an initial rating of 30 percent prior to June 27, 2016. The Veteran’s claim has now returned to the Board for further appellate action. 1. Entitlement to an initial rating in excess of 30 percent prior to June 27, 2016, for posttraumatic stress disorder (PTSD) is remanded. While the Board regrets the additional delay, further development is required before the Veteran’s claim may be adjudicated on the merits. Specifically, the Board finds that a retrospective opinion on the severity of the Veteran’s PTSD symptoms prior to June 27, 2016, is necessary in order to address the concerns outlined in the June 2018 JPMR. In accordance with the terms outlined in the June 2918 JPRM, the retrospective opinion should determine whether the Veteran had difficulty establishing and maintaining effective work and social relationships and, if so, whether he had occupational and social impairment with reduced reliability and productivity due to such symptom. See, June 2018 JPMR. Accordingly, the claim is remanded for a retrospective addendum opinion. The matter is REMANDED for the following action: 1. Return the Veteran’s claims file to the examiner who completed the Veteran’s February 2011 psychiatric VA examination for an addendum opinion. If the February 2011 VA examiner is unavailable, the Veteran’s claims file should be provided to another appropriate medical examiner for an opinion. The Veteran’s claims file, to include a copy of this remand, should be made available to the examiner. Following a complete review of the record, the examiner is asked to provide the following addendum opinion: Determine whether the Veteran had difficulty establishing and maintaining effective work and social relationships and, if so, whether he had occupation and social impairment with reduced reliability and productivity due to such symptom. A complete rationale is required for all opinions rendered. If further testing or examination is determined to be warranted in order to adequately evaluate the conditions at issue, such testing is to be accomplished prior to the completion of the examination reports. If the examiner determines that an opinion cannot be provided without resort to speculation, the examiner should explain the inability to provide an opinion, identifying precisely what facts could not be determined. The AOJ should ensure that any additional evidentiary development suggested by the examiner is undertaken so that a definite opinion can be obtained. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Daugherty, Associate Counsel