Citation Nr: 20021653 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 10-49 410 DATE: March 26, 2020 REMANDED Entitlement to an initial rating in excess of 50 percent prior to October 1, 2009 for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1970 to December 1971. In a decision issued in February 2019, the Board, in pertinent part, denied entitlement to a rating in excess of 50 percent prior to October 1, 2009 for an acquired psychiatric disorder. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In January 2020, the Court issued an Order that vacated the Board’s February 2019 decision and remanded the matter on appeal for adjudication consistent with the instructions outlined in a December 2019 Joint Motion for Partial Remand (JMPR) by the parties. In February 2019, the Board also remanded the Veteran’s claims for service connection for alcoholism, a gallbladder removal, scars, and hypertension and for a temporary disability based on individual unemployability (TDIU). It appears, however, that these matters are still undergoing development and the Regional Office (RO) has not yet returned these issues to the Board. Accordingly, the Board will not address these issues herein. The Board notes that the Veteran submitted a timely August 2018 notice of disagreement (NOD) to the July 2018 rating decision that denied service connection for sleep apnea. This appeal has been acknowledged and remains active in Veterans Appeals Control and Locator System (VACOLS). Therefore, this situation is distinguishable from Manlincon v. West, 12 Vet. App. 238 (1999), where a NOD had not been recognized. Thus, the Board declines to assert jurisdiction over this matter. Entitlement to an initial rating in excess of 50 percent prior to October 1, 2009 for an acquired psychiatric disorder, to include PTSD, is remanded. In the December 2019 JMPR, the parties agreed that a remand was warranted to provide the Veteran with an examination that adequately addressed the level of functional impairment caused by the Veteran’s acquired psychiatric disorder prior to October 1, 2009. Consequently, the Board finds that a retrospective VA medical opinion is required to address the level of occupational and social impairment caused by the Veteran’s service-connected acquired psychiatric disorder from December 1, 2008 (the date of claim) to October 1, 2009. The matter is REMANDED for the following action: Obtain a VA medical opinion from an appropriate VA examiner to assess the severity of the Veteran’s service-connected acquired psychiatric disorder from December 1, 2008 to October 1, 2009. Specifically, for this period, the examiner must identify all manifestations of the Veteran’s acquired psychiatric disorder and the discuss symptoms and the current degree of occupational and social functioning associated with this disorder. The examiner must specifically consider and discuss the Veteran’s reports of experiencing trouble sleeping, nightmares, irritability/anger, and auditory/visual hallucinations in February 2009 and the June 2009 buddy statements. The examiner is advised that the Veteran is competent to report his symptoms/history and that such reports must be acknowledged and considered in formulating any opinion. If his reports are discounted, the examiner should provide a reason for doing so. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. E. Metzner, Associate Counsel 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.