Citation Nr: 21027588
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 14-36 765
DATE: May 6, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1970 to March 1973.  This appeal to the Board of Veterans' Appeals (Board) stems from an August 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In a November 2018 decision, the Board denied the Veteran's appeal for an initial rating in excess of 50 percent for PTSD.  The Veteran timely appealed the November 2018 Board decision to the United States Court of Appeals for Veterans Claims (Court).  In a July 2019 Order, pursuant to a Joint Motion for Remand (JMR) submitted by the parties, the Court vacated and remanded the appeal.  

In October 2019, the Board remanded the appeal for further development.

Recently associated VA treatment records show passive thoughts of suicide, potentially reflective of a worsening of his PTSD since he was last examined in July 2014.  See May 2019 VA treatment records.  As such, an updated VA examination is needed, as the July 2014 VA examination may no longer be reflective of the Veteran's current level or nature of his disability.  See Palczewski v. Nicholson, 21 Vet. App. 174, 182-83 (2007); Snuffer v. Gober, 10 Vet. App. 400 (1997).  Any outstanding treatment records should also be secured.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then schedule the Veteran for a VA examination to determine the current nature and severity of his PTSD.  The entire claims file, including a copy of this remand, must be made available to the examiner, and the examiner should confirm that such records were reviewed.  All findings should be reported in detail.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Asante, Ruby

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.