Citation Nr: 21041808
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 18-29 683
DATE: July 10, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) from August 26, 2012 to January 25, 2016 is remanded.

Entitlement to a rating in excess of 70 percent for PTSD, from January 16, 2016 to September 5, 2018 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Marine Corps from June 1964 to June 1967, to include service in the Republic of Vietnam.  

In April 2019, the Board of Veterans' Appeals (Board) denied the matters on appeal.  The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In a December 2020 Memorandum Decision, the Court vacated the denials to increased ratings from the April 2019 Board decision.  Board's decision.

In pertinent part, the Court determined the Board erred by finding that VA satisfied its duty to assist.  VA had last provided the Veteran with a VA examination to determine the severity of the Veteran's PTSD in February 2015, but the Veteran had presented evidence that his condition had worsened since the VA examination.  There is evidence that the Veteran's may have worsened since the February 2015; therefore, the Board finds remands are necessary to obtain a new VA examination in accordance with the Court's Memorandum and Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The Board notes that subsequent to the April 2019 Board decision, in August 2019, the agency of original jurisdiction granted a total 100 percent rating for PTSD, effective September 6, 2018, and the current appeal addresses only the period from August 26, 2012 to September 5, 2018.

The matters are REMANDED for the following action:

Afford the Veteran a VA PTSD examination with a qualified psychiatrist or psychologist who has reviewed the claims file in conjunction with the examination.  The most current Disability Benefits Questionnaire must be employed in determining the current symptoms and severity of PTSD, and all relevant findings indicated in that questionnaire must be addressed.  The examiner should provide a retrospective opinion as to the period of time from August 26, 2012 to September 5, 2018, as that is the period for which increased ratings are sought.  All opinions must be supported by a detailed rationale.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. N. Quarles, 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.