Citation Nr: A21016401 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 200827-105913 DATE: October 6, 2021 REMANDED Entitlement to an evaluation in excess of 30 percent for other specified trauma-stressor-related disorder is remanded. REASONS FOR REMAND The Veteran served active duty in the United States Army from May 1990 to April 1992. In the most recent rating decision issued in August 2020, the Department of Veterans Affairs (VA) Regional Office (RO) confirmed and continued the 30 percent for the Veteran's disability. In August 2020, the Veteran submitted a VA Form 10182, electing the direct review of his claim by a Veterans Law Judge. 38 C.F.R. §§ 3.2500(a)(1)(ii), 20.202, 20.203. As the Veteran has selected direct review, the Board will base its decision on the evidence of record at the time of the rating decision on appeal. 38 C.F.R. §§ 20.300, 20.301. The Board notes that while the Veteran elected to have direct review of his appeal on his VA Form 10182, he additionally wrote on the form that he wished "to have an immediate hearing to get this resolved." In September 2021 correspondence, the Board requested that the Veteran clarify the type of hearing that he wished to have, stating that if he did not respond the Board would proceed as though he did not wish to have a hearing. 38 C.F.R. § 20.302(f). In September 2021, the Veteran responded and stated that he wished to withdraw his hearing request entirely. As the Veteran has clearly stated that he does not wish to have a hearing, the Board will proceed to adjudicate the current appeal under the direct review option. 38 C.F.R. § 20.302(h). Entitlement to an increased rating for other specified trauma disorder. In a May 2020 VA examination report, the Veteran's symptoms are noted to be depressed mood, anxiety, mild memory loss, which were deemed not severe enough to interfere with the Veteran's occupational or social functioning, or require continuous medication. However, following the examination in July 2020 examination, but prior to the issuance of the decision on appeal, the Veteran submitted additional treatment records which reflect that the Veteran described having hallucinations about a woman in white in his home at least four to five times per month. While the precise date that the Veteran reported the hallucinations is unclear as the records were submitted page-by-page, at the very least the records reflect a possible worsening of the Veteran's symptoms following the May 2020 VA examination. As there was evidence demonstrating worsening symptoms following the May 2020 examination, a new examination should have been obtained prior to issuing the decision on appeal. 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007). As such, the Board finds that a pre-decisional duty to assist error occurred, and therefore a remand is required so that a new examination may be provided. 38 C.F.R. § 20.802(a). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to ascertain the severity of his specified trauma and stressor related disorder. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner should report all signs and symptoms necessary for rating the Veteran's disability under the General Rating Formula for Mental Disorders. The findings of the examiner should address the level of social and occupational impairment attributable to the Veteran's psychiatric disorder. CHRISTOPHER A. WENDELL Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M. Walker 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.