Citation Nr: 21004576 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 16-48 999 DATE: January 27, 2021 REMANDED Entitlement to a disability rating greater than 50 percent for service-connected posttraumatic stress disorder (PTSD) with other specified depressive disorder is remanded. REASONS FOR REMAND The Veteran had active service from October 1968 to May 1970. This case comes to the Board of Veterans’ Appeals (Board) on appeal from an Agency of Original Jurisdiction (AOJ) decision dated in March 2016. In a June 2019 decision, the Board denied an increase in a 50 percent rating for service-connected PTSD. The Veteran then appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Joint Motion for Remand (Joint Motion), the Court, the parties (the Veteran and the Secretary of VA) requested that the Board decision be vacated and the issue remanded. In an August 2020 order, the Court granted the Joint Motion and remanded the claims for action consistent with the terms of the Joint Motion. 1. Entitlement to a higher rating for PTSD with other specified depressive disorder is remanded. In the Joint Motion, the parties agreed that remand was required for the Board to adequately address the Veteran's PTSD symptoms, analyze their “frequency, severity, and duration,” 38 C.F.R. § 4.126(a), and explain whether his symptoms more nearly approximate occupational and social impairment, with deficiencies in most areas. The parties also agreed that the Board failed to address evidence indicative of a higher rating. In a January 2021 statement, the Veteran's representative asserted that the service-connected PTSD with other specified depressive disorder has increased in severity since the Veteran was last examined by VA. The most recent VA examination of the Veteran's PTSD was conducted in October 2016. The Veteran should be given an opportunity to report for a VA examination to ascertain the current severity and manifestations of PTSD with other specified depressive disorder. It appears that there may be outstanding VA medical records. In correspondence received in August 2020, the Veteran's representative before the Court contended that there are outstanding relevant VA treatment records at the Portland VA Medical Center. Additionally, a January 1985 VA discharge summary reflects that the Veteran was referred to the Portland Vet Center, and it is possible that there are treatment records at that facility. The AOJ should attempt to obtain any relevant medical records of treatment for a psychiatric disorder. The matters are REMANDED for the following action: 1. With any necessary releases, obtain relevant VA or private medical records of treatment or evaluation of PTSD or any psychiatric disorder that are not already on file, dated since September 2015, and associate them with the electronic claims file. Attempt to obtain any relevant treatment records from the Portland Vet Center. If the records are not obtainable (or none exist), the Veteran must be notified and the record clearly documented. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD with other specified depressive disorder. 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 service-connected PTSD with other specified depressive disorder alone. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. L. Wasser, 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.