Citation Nr: 21016163
Decision Date: 03/22/21	Archive Date: 03/22/21

DOCKET NO. 17-40 870
DATE: March 22, 2021

REMANDED

Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with history of cocaine and alcohol abuse is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 1982 to December 1986.  Her decorations include the Overseas Service Ribbon, the Army Achievement Medal, and the Army Commendation Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In March 2021, the Veteran testified at a virtual Board hearing before the undersigned Veterans Law Judge.

Although the Board regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim and to afford her every possible consideration.

Entitlement to a higher disability rating for PTSD is remanded.

At the March 2021 Board hearing, the Veteran testified that her PTSD had increased in severity since she was last examined by VA in July 2016.  In light of her testimony, a new examination is warranted.  See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

Updated records of VA treatment should also be procured.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).  See also Bell v. Derwinski, 2 Vet. App. 611 (1992) (holding that VA is charged with constructive notice of medical evidence in its possession).

This matter is REMANDED for the following action:

1. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

2. After the foregoing development has been completed, arrange to have the Veteran scheduled for a PTSD examination.  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 applicable 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 service-connected PTSD.

3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and her representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Ragheb, 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.