Citation Nr: 21023121
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 17-41 226
DATE: April 20, 2021

REMANDED

Entitlement to an initial evaluation in excess of 50 percent disabling for service-connected posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had honorable active duty service with the United States Navy from March 1974 to December 1975.  Regrettably, the Veteran passed away in February 2019.  The appellant is his surviving spouse.

In February 2020, the Board of Veterans’ Appeals (Board) issued a decision that denied the Appellant’s claims of entitlement to an initial evaluation in excess of 50 percent disabling for PTSD and entitlement to an earlier effective date prior to November 2005, for the grant of service connection for PTSD.  That decision also remanded the claim of entitlement to a total disability evaluation based upon individual unemployability for additional development.

In November 2020, pursuant to the terms of a Joint Motion for Remand (JMR), the Court of Appeals for Veterans Claims (CAVC) vacated and remanded the Board’s decision to the extent that it denied the Appellant’s claims of entitlement an initial evaluation in excess of 50 percent disabling for PTSD.  

The portion of the Board’s decision which denied the Appellant’s claim of entitlement to an earlier effective date prior to November 30, 2005, for the grant of service connection for PTSD was not subject to the terms of the JMR. 

Entitlement to an initial evaluation in excess of 50 percent disabling for service-connected posttraumatic stress disorder (PTSD) is remanded.

The November 2020 JMR states that the Board erred in failing to discuss an April 2017 VA opinion. The Board notes that relevant medical evidence regarding his psychiatric symptomatology was associated with the claims file since the April 2017 VA opinion. As such, the Board finds that a remand for an addendum opinion is required in order for an examiner to assess the medical evidence of record and to state the severity of the Veteran’s symptomatology prior to his death.    

Accordingly, this matter is REMANDED for additional development:

1. Obtain an addendum medical opinion regarding the severity of the Veteran’s service-connected PTSD. The entire claims file and a copy of this remand should be made available to the examiner for review, and such review should be noted in the medical opinion. 

The evaluator must also discuss the occupational and social impact of the Veteran’s service-connected PTSD.

The evaluator should review and consider the medical evidence and the Veteran’s lay statements. 

2. After completing the above referenced development, and any additional development deemed necessary as a consequence of the actions discussed above, the Appellant’s claims should be re-adjudicated and consider the evidence submitted since the Statement of the Case.

The appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Whitaker, 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.