Citation Nr: 21061643
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 17-47 474
DATE: October 4, 2021

REMANDED

Entitlement to an evaluation in excess of 50 percent for posttraumatic stress disorder with alcohol use disorder and adjustment disorder with depressed mood (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1981 to July 1997.

This matter comes before the Board of Veterans' Appeals (Board) on remand from the Court of Appeals for Veterans Claims (Court). It was originally before the Board on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA).

This issue was denied by the Board in a February 2020 decision. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (Court), which vacated the decision pursuant to an April 2021 Joint Motion for Remand. The case is once again before the Board and has been reassigned to the undersigned.

Entitlement to an evaluation in excess of 50 percent for PTSD.

The Veteran reported receiving significant psychological treatment at the San Diego Vet Center, as well as treatment and monitoring by a Veterans Treatment Court. See, e.g., September 2017 substantive appeal. Although Vet Centers are associated with VA, VA must obtain a medical release in order to obtain those records. See 38 C.F.R. § 17.2000(e). He also submitted an opinion from a private psychologist, who discussed that the Veteran had received treatment. Because none of these records have been sought, remand is necessary.

The Veteran asserts that his legal troubles are associated with his PTSD. See November 2016 notice of disagreement (NOD). His last VA examination was in February 2017 and, since that time, he has been incarcerated. See November 2019 sheriff correspondence. As a result, the file reflects that the Veteran's symptoms may have worsened since his last examination and remand for a new examination is necessary.

The matter is REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records from December 2019 to the present.

2. The AOJ should obtain, if possible, records of relevant Vet Center and private treatment the Veteran has received, to include treatment at the San Diego Vet Center, treatment by Dr. Evans, and treatment by the Veterans Treatment Court. The Veteran must assist in the matter by identifying his Vet Center and private healthcare providers and by submitting releases for VA to obtain any Vet Center and private records identified.

3. After the development in the first two directives is completed, the AOJ should arrange for an examination of the Veteran to assess the current severity of his service-connected PTSD. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner should provide a full description of the disability and report all signs and symptoms associated with the Veteran's disability.

4. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Sandler, 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.