Citation Nr: 20039955 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 13-12 319 DATE: June 11, 2020 REMANDED Entitlement to an initial disability rating greater than 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a left ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2002 through November 2002 and December 2003 through August 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). This matter has a long procedural history. Most recently, in May 2018, the Board issued a decision that in relevant part denied the Veteran’s claims for an initial disability rating higher than 50 percent for PTSD and service connection for a left ankle condition. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (CAVC), which resulted in a Memorandum Decision that vacated those portions of the Board’s May 2018 relating to these claims and remanded those matters to the Board. The Board finds that remand of these matters to the RO is necessary for further development. In his March 2009 VA Form 21-526 the Veteran noted that he was still serving in the Army Reserves. The claims file contains multiple copies of VA Form 21-8951 that indicate that between 2012 and 2019 he had between 47 and 98 training days per year in the Reserves. It is reasonable to assume that in the course of his ongoing service in the Reserves that the Veteran has undergone periodic physical examinations and received periodic job performance evaluations. He may also have been issued one or more physical activity profiles for any functional limitations caused by his claimed left ankle condition. All such records are potentially relevant to evaluating the degree of occupational and social impairment caused by the Veteran’s service-connected PTSD, as well as the existence and nature of any chronic left ankle condition. The matters are REMANDED for the following action: 1. Obtain the Veteran’s records for treatment from March 2016 to present from the Houston Healthcare System. 2. Obtain and associate with the claims file all of the Veteran’s Army Reserve service treatment and service personnel records for the period March 2009 to the present. Document all efforts and any negative responses in the claims file. 3. DO NOT schedule the following VA examinations until the above development has been completed to the extent possible. 4. Schedule the Veteran for a new VA examination and opinion regarding the Veteran’s claimed left ankle condition. The examiner should address the following: (a.) Whether the Veteran’s claimed left ankle symptoms are attributable to a known clinical diagnosis, or whether the reported problem is a manifestation of an undiagnosed illness. (b.) If the claimed left ankle symptoms are determined to be attributable to a known clinical diagnosis, state whether it is at least as likely as not (50 percent probability or greater) that the condition began in or is otherwise etiologically related to his active duty service. The examiner should provide a complete rationale of all opinions provided. The examiner should note the specific treatment records or other evidence upon which all opinions are based. The examiner is advised that in providing a rationale for any opinion, he or she may identify any discrepancies, inconsistencies, or contradictions contained in the evidence of record. However, the examiner’s opinion must not contain any determinations regarding the credibility of any statements made by the Veteran. 5. Schedule the Veteran for a VA mental health examination to determine the current severity of his service-connected PTSD. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Leamon 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.