Citation Nr: 21061673
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-16 124
DATE: October 5, 2021

	REMANDED

The issue of an initial rating of more than 50 percent from September 21, 2013, to October 9, 2017, and 70 percent since October 10, 2017, for posttraumatic stress disorder (PTSD) is remanded.

The issue of entitlement to a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

	REASONS FOR REMAND

The Veteran served in the U.S. Navy from October 1964 to October 1968. He served in the Republic of Vietnam.

In April 2021, the Veteran was afforded a virtual hearing before the undersigned Veterans Law Judge. 

1. The issue of an initial rating of more than 50 percent from September 21, 2013, to October 9, 2017, and 70 percent since October 10, 2017, for PTSD is remanded.

2. The issue of entitlement to TDIU is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

The record indicates that the Veteran receives treatment for his PTSD at Family & Psychological Services, Inc. VA has not attempted to obtain these treatment records. On an August 2021 TDIU application, the Veteran listed several providers that treated him for disorders which prevent him from working. VA has not attempted to obtain these records. Therefore, remand is necessary.

The Veteran has not been afforded a VA examination since October 2017. Since that time, the Veteran has indicated that his PTSD has worsened, and he is now unable to work. Therefore, remand is necessary to obtain an updated VA examination.

Lastly, there are several notations in the Veteran's VA treatment records of documents that were scanned and are visible in VistA Imaging. These documents are not in the file and must be associated with the record.

The issue of TDIU is intertwined with the increased rating claim and, therefore, must also be remanded.

2. Advise the Veteran that he may submit any additional medical and non-medical evidence relating to his PTSD that is not already in VA's possession. 

Specifically request authorization to obtain:

*Records from Family & Psychological Services, Inc.

*Dr. R. Marotta.

*Dr. G. Braga.

*Dr. Golden.

3. Associate with the record all documents which were scanned in VistA Imaging but not uploaded to the file.

4. Schedule the Veteran for a VA PTSD examination to obtain an opinion as to the current nature of his disorder. All indicated tests and studies should be accomplished and the findings reported in detail. 

All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, Counsel

The Board's action is binding only with respect to this matter and is not precedential or establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.