Citation Nr: 21071155
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-50 137A
DATE: November 29, 2021

REMANDED

Entitlement to an increased rating, in excess of 70 percent disabling, for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1975 to December 1978.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in Hartford, Connecticut.

In July 2021, the Veteran testified before the undersigned Veterans Law Judge via videoconference at a Board hearing. A copy of that transcript is of record.

1. Entitlement to an increased rating, in excess of 70 percent disabling, for posttraumatic stress disorder (PTSD) is remanded.

Although the Board regrets the delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.

Relevant to the Veteran's claim for an increased rating for his PTSD, the Court has held that, where the record does not adequately reveal the current state of a claimant's disability, fulfillment of the statutory duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the last examination. Allday v. Brown, 7 Vet. App. 517, 526 (1995).

The Board finds that the Veteran's claim for an increased rating for his service-connected PTSD must be remanded in order to afford him a contemporaneous VA examination in order to assess the current nature and severity of his service-connected disability. In this regard, the record reflects that the Veteran was most recently afforded a VA examination in May 2020. Since that time, the Veteran has testified to an increase in the severity of his symptoms and alleges that a higher rating is warranted. Additionally, he testified that he has suffered severe losses, to include the death of his fiancé and several service-members, which has led to an increase in his symptoms. In light of the allegations of worsening symptoms, the Board finds that a remand is required in order to afford the Veteran a contemporaneous VA examination so as to determine his current level of impairment with regard to his service-connected PTSD. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995).

Due to the amount of time which will pass on remand, updated treatment records should be obtained and associated with the record.

The matters are REMANDED for the following action:

1. Contact the Veteran and his representative and with their help, identify any and all outstanding VA and private treatment records related to the disabilities on appeal. After obtaining all necessary authorizations, associate the records with the claims file.

2. Schedule the Veteran for a VA psychiatric examination to assess the current severity of the Veteran's PTSD. The claims file should be made available to and reviewed by the examiner.

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor, 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.