Citation Nr: 21015474
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 17-41 243
DATE: March 17, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for left kidney hydronephrosis is remanded.

Entitlement to a disability rating in excess of 50 percent for PTSD is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1989 to July 1996. 

1. Entitlement to a disability rating in excess of 30 percent for left kidney hydronephrosis is remanded.

The Veteran is currently rated at 30 percent for left kidney hydronephrosis status post stent.  The Veteran testified at the September 2020 Board hearing that his kidney condition has worsened since the time of the previous VA examination in 2017.  This includes constant leg edema and issues with urination.  The Veteran requested a new VA examination at the Board hearing to determine the current severity of his kidney disorder. 

 

2. Entitlement to a disability rating in excess of 50 percent for PTSD is remanded.

The Veteran is currently rated at 50 percent for posttraumatic stress disorder (PTSD).  The Veteran testified at the September 2020 Board hearing that his symptoms are worse than previously assessed in the most recent VA examination in 2017, such as experiencing frequent panic attacks.  The Veteran requested a new VA examination at the Board hearing to determine the current severity of his PTSD. 

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records for the period from May 2017 to the present.  

2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment records if needed.  With the assistance of the Veteran, determine where he obtains private treatment and make two requests for the authorized records from the designated private treatment facilities, unless it is clear after the first request that a second request would be futile. 

3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected left hydronephrosis.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner is specifically asked to respond to the following:  

(a.) Does the Veteran have persistent edema and albuminuria that precludes more than sedentary activity? 

(b.) Does the Veteran have markedly decreased function of kidney or other organ systems, especially cardiovascular? 

(c.) Does the Veteran have generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion? 

(d.) Does the Veteran have definite decrease in kidney function? 

(e.) Does the Veteran have constant albuminuria with some edema? 

4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms.  To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected PTSD alone. 

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Miller

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.