Citation Nr: 21065511
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 19-01 006
DATE: October 26, 2021

REMANDED

Entitlement to an increased rating for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1968 to August 1971, and from November 1977 to October 1979.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  

In June 2021, the Veteran testified before the undersigned Veterans Law Judge.  

Entitlement to an increased rating for PTSD is remanded.

The Veteran seeks a disability rating in excess of 50 percent for his service-connected PTSD.  At his June 2021 hearing, the Veteran reported ongoing VA treatment for his PTSD.  As his VA treatment records were most recently requested in February 2019, over two years ago, updated VA medical treatment records must be obtained.  

Next, the Veteran has reported a recent worsening of his PTSD symptoms.  He was last afforded a VA psychiatric examination in January 2017, over four years ago.  In light of the Veteran's credible testimony regarding the worsening of his symptomatology, remand for a new VA examination is warranted.  Where the record does not adequately reveal the current state of the claimant's disability, the fulfillment of the statutory duty to assist requires a thorough and contemporaneous medical examination.  See 38 U.S.C. § 5103A(d); Chotta v. Peake, 22 Vet. App. 80, 84 (2008).  

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from February 2019 to the present, as well as any other pertinent outstanding VA treatment records.  

2. The Veteran should be scheduled for a VA examination of his service-connected PTSD to address to address the current severity of this disability.  The claims file must be reviewed and the review noted in the report.  All symptoms, to include their severity, frequency, and duration, should be identified.  The examiner should discuss the Veteran's PTSD symptomatology and the effect of such symptoms on his social and occupational functioning.  

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Thomas D. Jones, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.