Citation Nr: 21070447
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-28 607A
DATE: November 24, 2021

REMANDED

Entitlement to an increased disability rating higher than 50 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1966 to August 1976 with verified service in Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York.

This matter was previously before the Board in May 2021 when it was remanded for additional development to include obtaining any outstanding private treatment records concerning PTSD, specifically including records from the Buffalo Psychiatric Center for the period from August 2016 to the present. Although the Board regrets further delay, a remand is necessary to clarify the severity of the Veteran's current diagnosis of PTSD. The Veteran's most recent VA PTSD examination is dated December 2014. At that time, the examiner noted that the Veteran no longer meets the criteria for PTSD. The Board notes that the Veteran's attorney submitted an April 2018 Psychological Assessment: Violence Risk Appraisal. A thorough review of the report reveals that the report is an assessment of risk that the Veteran will commit acts of violence and does not deal with the current severity of the Veteran's service-connected PTSD. This private assessment is thus less than helpful to the Board in making a rating determination. Subsequent February and April 2021 treatment records treatment records included in those records received from the Buffalo Psychiatric Center indicate that the Veteran is also experiencing auditory hallucinations. While the mere passage of time is not a basis for requiring a new examination, given the above, the Board finds that a new VA examination is warranted to assess the potentially worsening PTSD symptoms. 

Because a decision on the remanded increased rating for back condition claim could impact a decision on the issue of TDIU, the issues are inextricably intertwined. Therefore, a remand of the claim for TDIU is required.

The matters are REMANDED for the following action:

Afford the Veteran a VA mental health examination, with a psychiatrist or psychologist who has reviewed the claims file. The most up-to-date Disability Benefits Questionnaire must be employed. The examiner is requested to provide full details as to all subjective complaints, objective findings, and effects on the Veteran's social and occupational functioning. All opinions must be supported by a thorough rationale.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Banks, 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.