Citation Nr: 22010527
Decision Date: 02/23/22	Archive Date: 02/23/22

DOCKET NO. 18-37 237
DATE: February 23, 2022

REMANDED

Entitlement to a disability rating higher than 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active duty from September 1981 to February 1990.

This matter is on appeal from an October 2017 rating decision.

The Veteran had a hearing before the undersigned Veterans Law Judge in October 2021.

1. Entitlement to a disability rating higher than 50 percent for PTSD is remanded.

The Veteran last underwent a VA examination in October 2017.  During her 2021 Board hearing, she indicated that her PTSD was worse than previously indicated.  Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her disability.  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 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 her PTSD alone.

Additionaly, evidence indicates that there may be outstanding relevant VA treatment records.  The last VA medical records associated with the claims file were from 2017.  During her 2021 Board hearing, the Veteran indicated she receives regular VA psychiatric treatment.  Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.

Also, during her Board hearing, the Veteran indicated that she was currently unemployed.  The Veteran should be given an opportunity to provide a completed TDIU application form.

The matters are REMANDED for the following actions:

1. Provide the Veteran a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, for completion and return to VA. 

2.   Obtain unassociated VA treatment records, including for the period from 2017 to the Present.

3.  After the above development has been accomplished, schedule the Veteran for an examination by an appropriate clinician (by a different VA examiner than the one who performed the October 2017 VA examination) to determine the current severity of her service-connected PTSD.  

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 rating criteria.  The examiner is asked 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 her PTSD alone.   

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.