Citation Nr: 20005491
Decision Date: 01/23/20	Archive Date: 01/22/20

DOCKET NO. 17-04 747A
DATE:  January 23, 2020

REMANDED

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. 

REASONS FOR REMAND

The Veteran had active service in the United States Marine Corps (USMC) from February 2005 to February 2009. The Veteran’s awards and decorations include a Combat Action Ribbon for his service in Iraq. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In his January 2017 substantive appeal, the Veteran requested that he be afforded a hearing before a member of the Board. However, in a in July 2019 statement, the Veteran withdrew his request for a Board hearing.

In January 2015, the Veteran was initially afforded a VA examination for his service-connected PTSD. In March 2016, the Veteran received a follow-up VA examination for his service-connected PTSD. In a September 2019 statement, the Veteran, through his representative, indicated that the severity of his disability had increased since his last VA examination.

Therefore, the Board finds that the Veteran should be provided a new VA examination to determine the current level of severity of any impairment resulting from service-connected PTSD. 

Additionally, the Board notes that the Veteran referenced private treatment for his PTSD, during the March 2016 VA examination, but those records were missing. As such, all treatment records should be identified and obtained before a decision is made with regard to the appeal. 

This 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 to determine the current level of severity of any impairment resulting from his PTSD. The claims file must be made available to, and reviewed by, the examiner. The examiner should provide all information required for rating purposes. 

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

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Byrd, Law Clerk

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.