Citation Nr: 21002893
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 15-34 617
DATE: January 19, 2021

REMANDED

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to February 1970.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board issued a decision denying each of these claims in May 2019. However, following an appeal to the United States Court for Appeals for Veterans Claims (Court), in August 2020 a Joint Motion for Remand (Joint Motion) was entered, vacating the Board’s May 2019 decision. 

1. Entitlement to a rating in excess of 70 percent for PTSD is remanded.

Pursuant to the Court’s August 2020 Joint Motion, remand is required to update the Veteran’s VA treatment records and provide him with another VA examination to determine the current severity of this PTSD. 

2. Entitlement to a TDIU is remanded.

The issue of entitlement to a TDIU is inextricably intertwined with the PTSD increased rating claim, therefore this issue must be remanded as well.

The matters are REMANDED for the following action:

1. Update the electronic file with any new VA treatment records and private treatment records. 

2. The RO should contact the Veteran to determine whether a coronary artery bypass graft (CABG) surgery was performed at a VA hospital, and if so, when and where the CABG procedure occurred. The RO should then obtain these records, if not already obtained after updating the VA treatment records.

3. After the record has been updated, schedule the Veteran for another examination to determine the current severity of his PTSD. A copy of the Veteran’s claim file should be provided to the examiner and a note that such was reviewed should be included in the report. 

The examiner should specifically address contentions that the Veteran’s PTSD symptoms have worsened, that the Veteran previously downplayed some of his PTSD symptoms, and that the Veteran previously downplayed the frequency and severity of his PTSD.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Ruiz, 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.