Citation Nr: 21001552 Decision Date: 01/08/21 Archive Date: 01/08/21 DOCKET NO. 14-43 373 DATE: January 8, 2021 REMAND Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from October 2001 to October 2004. This matter originally came to the Board of Veterans’ Appeals (Board) from a July 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, granted service connection for PTSD and assigned an initial 30 percent rating, effective February 12, 2014. The Veteran filed a timely notice of disagreement received by VA in March 2015. In May 2015, the RO issued a statement of the case. The Veteran’s substantive appeal was received by VA later in May 2015. In September 2015, the Veteran testified at the RO before a decision review officer. A transcript is of record. In a May 2018 decision, the Board, in pertinent part, remanded the issue of entitlement to an initial disability rating in excess of 30 percent for PTSD. In a November 2019 decision, the Board, in pertinent part, denied an initial rating in excess of 30 percent for PTSD. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (Court). While the matter was pending before the Court, in July 2020, the Veteran’s attorney and VA’s General Counsel filed a Joint Motion for Partial Remand. In an August 2020 order, the Court granted the motion, vacated that portion of the Board’s November 2019 decision that denied an initial rating in excess of 30 percent for PTSD, and remanded the matter to the Board for action consistent with the Joint Motion. Entitlement to an initial rating in excess of 30 percent for PTSD Since the RO last considered this claim in the July 2019 Supplemental Statement of the Case, additional relevant evidence has been associated with the record on appeal, to include VA clinical records dated to October 2020 reflecting treatment for PTSD. As this relevant VA-generated evidence was not submitted by the Veteran or his representative, the automatic waiver provision of 38 U.S.C. § 7105(e) does not apply and a remand is necessary for initial review of this evidence. In addition, the record reflects that the Veteran’s PTSD may have increased in severity since he was last examined for VA compensation purposes in October 2015. At the October 2015 VA examination, the examiner concluded that the Veteran’s PTSD caused occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care, and conversation. As noted in the parties’ July 2020 Joint Motion for Partial Remand, however, during a June 19, 2019 VA mental health evaluation, the Veteran was asked to rate how he felt regarding various subjects from 1 (miserable) to 5 (great). He rated the quality of his ability to communicate with family, friends, and coworkers at a “2.” The parties indicated that “[a] rating of ‘2,’ or just above ‘miserable,’ on his ability to communicate with family, friends, and coworkers presents a difficultly in establishing and maintaining effective relationships.” July 2020 Joint Motion for Partial Remand at pages 2-3. Thus, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected PTSD. This matter is remanded for the following: 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. K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Hillan Sosa, 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.