Citation Nr: 21014118
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 16-49 674
DATE: March 11, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with related anxiety and severe recurrent major depression is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Navy from February 2005 to March 2013.

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a July 2013 rating decision that granted service connection for PTSD with related anxiety and severe recurrent major depression with a 50 percent disability rating as of March 28, 2013. The Veteran testified before the undersigned Veterans Law Judge during a virtual Board hearing in January 2021.

Following a review of the file and the January 2021 hearing, the Board finds that additional development is warranted before a decision can be made, which development is described below.

The Veteran testified that her psychiatric disorder has worsened in recent years. Her last VA examination for evaluation of the psychiatric disorder occurred in March 2014. VA regulations specifically require the performance of a new medical examination when evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Therefore, the Board finds that remand is warranted to afford the Veteran an opportunity to undergo a VA examination to assess the current nature, extent, and severity of her psychiatric disorder. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); 38 C.F.R. § 3.327. 

Additionally, there are outstanding records relating to the Veteran’s claim that have not been associated with the claims file. The Veteran reported that she received treatment from psychologist Scott Fairchild, who previously submitted an independent psychological evaluation of the Veteran, which treatment was as recent as August 2019. These records are relevant to the claim.  

Of record is a Social Security Administration disability determination from April 2015, which shows that the Veteran was awarded disability benefits based on her psychiatric disorder. While the decision is in the file, it does not include the evidence used in granting the Veteran SSA disability benefits. As these records are relevant to the claim, the Board finds that VA should attempt to obtain the SSA records. 

The matters are REMANDED for the following action:

1. Request that the Veteran give VA permission to obtain any treatment records pertaining to the Veteran’s psychiatric disorder from psychologist Scott Fairchild. The Veteran is asked to cooperate fully with VA’s efforts to obtain relevant records from non-federal agency or department custodians. 38 C.F.R. § 3.159(c)(1)(ii). 

2. Obtain the medical records associated with the Veteran’s disability determination from the Social Security Administration from April 2015.

3. Schedule the Veteran for a VA examination to evaluate the current severity of the service-connected PTSD with related anxiety and severe recurrent major depression.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Wonderling, 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.