Citation Nr: 19123742
Decision Date: 03/29/19	Archive Date: 03/29/19

DOCKET NO. 12-26 549
DATE:	March 29, 2019

REMANDED

Entitlement to an initial rating in excess of 30 percent prior to June 5, 2012; to a rating in excess of 50 percent from June 5, 2012, to September 8, 2014; and a rating in excess of 70 percent beginning September 9, 2014, for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps (USMC) from January 1967 to May 1969.  The Veteran’s awards and decorations for his service include a Combat Action Ribbon and a Purple Heart, among others.   

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. 

The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge of the Board in December 2018 and accepted that hearing in lieu of an in-person hearing before a member of the Board.  A transcript of the hearing has been associated with the claims file.











Increased Rating - PTSD

Unfortunately, a remand is required in this case for the issue on appeal.  Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that the Veteran is afforded every possible consideration.

The Veteran was most recently afforded an examination for PTSD in September 2014.  At his December 2018 Board hearing, the Veteran testified that he had experienced PTSD symptoms that had worsened since his most recent VA examination.  As the evidence indicates a possible worsening of that the Veteran’s PTSD since his last VA examination, an additional examination should be afforded to gauge the current level of severity of his disability.

Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issue on appeal.

 The matter is REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination by a psychologist or psychiatrist to determine the current level of severity of all impairment resulting from his service-connected PTSD.  The claims file must be made available to, and reviewed by the examiner.  All indicated tests and studies must be performed.  The examiner must provide all information required for rating purposes.

3. Confirm that the VA examination report and any opinions provided comport with this remand, and undertake any other development found to be warranted.

4. Then, readjudicate the issue on appeal.  If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Mariah N. Sim, Associate Counsel