Citation Nr: 21066238 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 17-39 724A DATE: October 29, 2021 REMANDED Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1968 to August 1970. He died in January 2021. The appellant is his widow. This appeal arises from a March 2015 rating decision, denying an increased rating for PTSD in excess of 70 percent. In February 2020, the Board denied the Veteran's increased rating claim for PTSD and granted entitlement to a TDIU. The Veteran appealed the Board's denial on the PTSD claim to the United States Court of Appeals for Veterans Claims (CAVC/Court). In a March 2021 Order, the Court vacated the Board's denial of the PTSD claim and remanded this case to the Board for further development and readjudication, specified in that order. 1. Entitlement to an increased rating in excess of 70 percent for PTSD The relevant temporal focus for adjudicating an increased-rating claim is on the evidence concerning the state of the disability from one year before the claim was filed until VA makes a final decision on the claim. See 38 U.S.C. § 5110 (b)(2); 38 C.F.R. § 3.400 (o)(2). In this case, the Board reviews the evidence of record since July 2013, which is one year before the July 2014 increased rating claim was filed. Per the CAVC Memorandum Decision, the Board should consider favorable evidence that could support a maximum 100 percent rating for PTSD, which requires total occupational and social impairment. In particular, July 2014 and June 2015 private psychiatric evaluations by Dr. R.J. opined the Veteran was permanently and totally disabled due to PTSD. In the July 2014 psychiatric evaluation, Dr. R.J. believed the Veteran was 100 percent disabled, totally dependent on his family, and work would only exacerbate his condition. Dr. R.J.'s June 2015 opinion letter further indicated the Veteran had a severely impaired ability to establish and maintain effective relationships. The VA PTSD examinations in October 2013 and March 2015 did not appear to reconcile the positive evidence from the July 2014 private opinion, and the examiners did not have the opportunity to review the June 2015 private opinion. The Board finds a remand is warranted to obtain a retrospective medical opinion on the severity of the Veteran's PTSD, including in light of the favorable private opinion evidence. The matters are REMANDED for the following action: Obtain an addendum medical opinion from a qualified VA clinician on the severity of the Veteran's PTSD prior to his death. The clinician should indicate that the record was reviewed. On review of the record, for the period from July 2013 to January 2021, the examiner should provide a retrospective medical opinion that identifies any symptoms and functional impairments due to his service-connected psychiatric disability alone, to include any symptoms and functional impairments indicative of total occupational and social impairment. The examiner must specifically consider favorable medical evidence provided by Dr. R.J. -- the medical opinions dated in July 2014 and June 2015. A complete rationale should be provided for all opinions rendered. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Chatterjee, B. 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.