Citation Nr: 21065066
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 12-33 491A
DATE: October 25, 2021

REMANDED

Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from September 1966 to June 1969, to include service in Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Vietnam Service Medal and the Vietnam Campaign Medal.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in September 2010 by a Department of Veterans Affairs (VA) Regional Office (RO). 

This matter was previously remanded by the Board in August 2017 to give the Veteran an opportunity to have a hearing before a Veterans Law Judge. However, the Veteran notified the VA in November 2017 that he no longer desired to have a hearing before the Board.  In order to ensure that the Veteran did not desire a hearing, the Board sent the Veteran and his attorney a letter in July 2021.  In that letter, the Board informed the Veteran of his hearing options, but also stated that if the Veteran did not respond, the Board would consider his hearing request withdrawn.  Neither the Veteran nor his attorney responded to this letter.

Thus, the Veteran's request for a hearing has been effectively withdrawn and the Board will proceed with adjudication of his claim.

1. Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

The Veteran asserts that he is entitled to a disability rating in excess of 50 percent for his PTSD. 

The Veteran last appeared for a mental health VA examination in January 2012. 

Ordinarily, the passage of time alone does not trigger the need for a new VA examination.  Considering, however, the almost decade that has passed since the last examination, the Board cannot find that the January 2012 examination is representative of the Veteran's current disability.  Quite simply, a contemporaneous examination must be performed before the Board may make a decision.  

Additionally, any outstanding VA treatment records must be obtained and associated with the record.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records for the Veteran from December 2015 to the present.

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2. Schedule the Veteran for an examination by an appropriate examiner to determine the current severity of his service-connected PTSD. 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.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. K. Hall, 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.