Citation Nr: 20006489
Decision Date: 01/28/20	Archive Date: 01/27/20

DOCKET NO. 16-47 865
DATE: January 28, 2020

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from June 1996 to June 1969.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision by the RO. 

In February 2019, the Board denied the claim.  Thereafter, the Veteran appealed the decision to the Court of Appeals for Veteran’s Claims (CAVC).  The Veteran abandoned his claim for a total rating based on individual unemployability.  In an August 2019 Joint Motion for Partial Remand (JMPR), the parties agreed to remand this matter for further development.  That same month, CAVC granted the JMPR.

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

Since the August 2019 JMPR, additional evidence has been added to the record.  See September 2019 Medical Treatment Record-Non Government Facility.  In December 2019, the Veteran submitted a statement declining to waive review of this new evidence by the agency of original jurisdiction.  The Veteran also requested a new VA examination, indicating that the severity of his service-connected PTSD has worsened since his last VA examination in August 2016.  See December 2019 Third Party Correspondence. 

Consistent with the Veteran’s contentions, the new evidence shows that the Veteran has now quit his job and has reported an increase in his PTSD related symptoms including increased anxiety, poor mood and decreased sleep.  See September 2019 Medical Treatment Record-Non Government Facility.  This suggests a worsening of the Veteran’s symptoms.  Accordingly, a new VA examination is warranted. 

The matter is REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms.  To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected PTSD alone.

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Wimbish

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.