Citation Nr: 21015756 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 17-33 609 DATE: March 18, 2021 REMANDED Entitlement to a rating in excess of 30 percent for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1968 to August 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified at a virtual hearing conference before the undersigned. Hearing transcripts have been associated with the claims file. 1. Entitlement to a rating in excess of 30 percent for PTSD is remanded. The Veteran contends that a rating in excess of 30 percent for his service-connected PTSD is warranted. The Veteran was last afforded a VA examination for his PTSD in August 2017. The examiner diagnosed the Veteran with PTSD but stated that his symptoms were not severe enough to either interfere with occupational and social functioning or to require continuous medication. Such a finding corresponds to a noncompensable rating under Diagnostic Code (DC) 9411. See 38 C.F.R. § 4.130. The examiner noted that the Veteran experiences depressed mood, anxiety, chronic sleep impairment, and panic attacks on a weekly basis or less. However, in the January 2021 hearing, the Veteran provided statements indicating more severe symptomatology. His representative stated that the Veteran experiences panic attacks four to five times a week, instead of weekly or less as the August 2017 examiner noted. See Hearing Transcript, p. 4. The representative further noted that the panic attacks can last a half or full day and can sometimes be debilitating. Id. The Veteran’s representative further noted the Veteran’s numerous successes in his career and that he presents himself well. See id. at 3. However, he argued that due to these successes, the examiner failed to adequately assess the symptoms of the Veteran’s PTSD. See id. at 4. The representative further stated that the Veteran is “very good at covering it up” and that he should be afforded a new VA examination. Id. at 6. In light of the above evidence of a possibly inadequate VA examination and worsening symptomatology regarding panic attacks, the Board finds that an updated VA examination is warranted. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”). The matters are REMANDED for the following action: 1. 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 should specifically discuss the Veteran’s lay statements, including but not limited to his statements regarding the frequency of his panic attacks. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries and that his reports must be taken into account in performing the examination. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Watkins, 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.