Citation Nr: 21061445 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 18-15 835 DATE: October 4, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for the service-connected posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service from June 2007 to March 2011. During the current appeal, and specifically in July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). The Veteran seeks a higher rating than that currently assigned for his PTSD. He has submitted multiple lay statements and testified before the undersigned VLJ at the Board of Veterans' Appeals (Board) that his symptoms are more severe than the VA examination reports reflect. He also raised an issue with the fact that he was examined by the same VA examiner for at both the July 2016 and May 2017 PTSD examinations. He requests a new VA examination with a different VA examiner. Although the Board does not find the earlier VA examinations to be inadequate at this time, because the Veteran asserts that the severity of his PTSD symptoms have not been properly assessed and because he was last examined by VA for this condition in May 2017 (over four years ago), a new VA examination is warranted to ascertain the current severity of his psychiatric symptoms. In addition, the Veteran also testified that he is currently treating with VA for his PTSD. On remand, his updated VA treatment records should also be obtained as they may contain information which could help substantiate his increased rating claim. Accordingly, this matter is REMANDED for the following actions: 1. Obtain VA treatment records from December 2017 to present. 2. Then, schedule the Veteran for a VA examination by a different examiner than the one who performed the July 2016 and May 2017 VA PTSD examinations to determine the current severity of his service-connected PTSD. The Veteran's claims file should be made available to the examiner in conjunction with this examination, and the examiner's review of the folder should be annotated in the examination report. The examiner should provide a full description of the Veteran's service-connected PTSD and report all signs and symptoms associated with this disorder. Also, to the extent possible, the examiner should identify any symptoms and functional impairments due to his PTSD alone and discuss the effect of the disability on any occupational functioning and activities of daily living. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.