Citation Nr: 21003017
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 20-25 753
DATE: January 19, 2021

REMANDED

Entitlement to an initial disability evaluation in excess of 30 percent for other specified trauma and stressor related disorder is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1961 to February 1988 with service in the Republic of Vietnam.  He is the recipient of, among other decorations, two Purple Heart Medals, two Silver Star Medals, the Bronze Star Medal, and the Army Commendation Medal.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO or AOJ) assigning an initial disability evaluation of 30 percent for the Veteran’s other specified trauma and stressor related disorder.  

In December 2020, the Veteran testified before the undersigned Veterans Law Judge at a Video Conference Board hearing.  A transcript is associated with the claims file. 

 

Entitlement to an Initial Disability Evaluation in Excess of 30 Percent for Other Specified Trauma and Stressor Related Disorder is Remanded.

The Veteran was last afforded a VA examination in July 2018 wherein the examiner noted a diagnosis of other specified trauma and stressor.  The examiner noted hypervigilance and symptoms to include chronic sleep impairment. At his December 2020 hearing, the Veteran testified that during the July 2018 examination, he had not disclosed the full extent of his symptoms.  He explained that he was concerned that if he told the “full story” he would be detained for further evaluation.  Such is corroborated in the record.  A July 2019 treatment record notes that over the past year, the Veteran has become comfortable enough to disclose his symptoms.  

In light of the above, and evidence suggesting a worsening of the Veteran’s disability during the claims period, a new VA examination is necessary to comply with the VA’s duty to assist.

The matter is REMANDED for the following action:

1. Obtain any outstanding VA treatment records; and any records from the Vet Center for the period from March 2020 to the present.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of the service-connected acquired psychiatric disorder.  Access to the electronic claims file, to include a copy of this Remand, must be made available to and reviewed by the examiner in conjunction with the examination.  

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 the Veteran’s service-connected acquired psychiatric disorder.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Smith, 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.