Citation Nr: 21026383 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 17-05 509A DATE: April 30, 2021 REMANDED Entitlement to a permanent and total disability evaluation for service-connected posttraumatic stress disorder (PTSD), which is currently 100 percent disabling, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2002 to June 2006. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, a hearing was held before the undersigned. A transcript of the hearing is of record. The Veteran contends that he is entitled to a 100 percent rating for his PTSD on a permanent and total basis. A total disability permanent in nature is one where impairment is reasonably certain to continue throughout the life of the disabled person. 38 C.F.R. § 3.340(b). The age of the disabled person may be considered in determining permanence. 38 C.F.R. § 3.340(b). Once permanence is established, a veteran need not undergo further VA examinations in order to retain a 100 percent disability rating for the permanent disability. 38 C.F.R. §§ 3.327(b)(2)(iii). A February 2019 VA review PTSD examination report indicates that the Veteran has a psychiatrist and therapist at the Vet Center. Currently, there are no Vet Center treatment records in the claims file. Therefore, remand is needed to obtain outstanding Vet Center records. Also, as there is no medical opinion addressing whether the Veteran’s disability picture is permanent and total in nature, a VA examination to assess the disability is necessary. Also, any updated VA treatment records should be obtained and associated with the claims file. The matters are REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for all private providers who have treated him for his service-connected PTSD, including all Vet Center treatment providers. Make two requests for the authorized records from each identified provider, unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran’s VA treatment records for the period from April 2019 to the present. 3. After the above requested development is completed, schedule the Veteran for a VA examination with an appropriate clinician to determine the nature of his service-connected PTSD. The electronic claims file must be made available to the examiner for review in conjunction with the examination. The examiner should specifically address whether it is at least as likely as not (a probability of 50 percent or greater) that the Veteran’s service-connected PTSD is permanent in nature. That is, is the total impairment such that it is reasonably certain to continue throughout the Veteran’s life. In providing this opinion, the examiner should consider that diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. The factors upon which the opinion is based must be set forth. In addressing this inquiry, the examiner is advised that the Veteran’s age may be considered in determining permanence. 38 C.F.R. § 3.340(b). A complete rationale for all opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination. Additionally, the clinician must indicate whether any opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Bonnie Yoon, 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.