Citation Nr: 21000673
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 14-41 720
DATE: January 5, 2021

REMANDED

Entitlement to a higher initial disability rating in excess of 30 percent for the service-connected anxiety, not otherwise specified, with posttraumatic stress disorder (hereinafter referred to as an acquired psychiatric disability) from February 6, 2012 is remanded.

REASONS FOR REMAND

Entitlement to a higher initial disability rating in excess of 30 percent for an acquired psychiatric disability from February 6, 2012

In April 2020, the Board remanded the instant matter in order to obtain a VA examination. The Board requested that the VA examiner review the January 2013 VA examination report, keep in mind that the Veteran may continue to under-report symptoms, and obtain an account of symptoms and impairment from February 6, 2012 until the present. A supplemental statement of the case was issued in November 2020, denying a higher rating, reasoning that the Veteran failed to report to the VA examination. 

Upon review of the record there is no indication that the Veteran received notice of any scheduled VA examination. Pursuant to VA’s duty to notify and assist, the Board will remand the instant matter in an attempt to schedule the VA examination. To ensure the Veteran receives the proper notification, a copy of the examination notification also should be sent to the Veteran’s representative.

The issue of higher rating for psychiatric disorder is REMANDED for the following action:

1. Schedule a VA examination to help assess the service-connected acquired psychiatric disability. The VA examiner should review the January 2013 VA examination, keep in mind that the Veteran may continue to under-report symptoms, and obtain an account of the Veteran’s past and present symptoms from February 6, 2012 until the present.

2. Notify both the Veteran and the Veteran’s representative of the scheduled examination. Associate the notifications with the record.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Costantino, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.