Citation Nr: 22013377
Decision Date: 03/09/22	Archive Date: 03/09/22

DOCKET NO. 19-28 851
DATE: March 9, 2022

REMANDED

Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder prior to December 16, 2021, and from April 1, 2022, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2005 to December 2006 and from August 2008 to October 2009 with additional service in the Reserves.

The case is on appeal from a February 2018 rating decision in which service connection was granted for PTSD, rated 30 percent disabling effective November 20, 2017.  The Veteran in April 2018 noted disagreement with the rating assigned.  In a September 2019 rating decision, the Veteran's PTSD rating was increased to 50 percent.  As this represents only a partial grant of the benefit sought, the issue remains on appeal.  See AB v. Brown, 6 Vet. App. 35 (1993).  Further, in a January 2022 rating decision, a temporary total rating was assigned for PTSD for the period from December 16, 2021, to April 1, 2022, based on hospitalization.  Thus, the Board has recharacterized the issue on appeal to reflect the partial grant of a higher rating and the temporary total rating.

In August 2021, the Veteran testified at a Board hearing in conjunction with this appeal.  The Veteran also has separate appeals pending at the Board in the modernized system.  These appeals will be addressed in separate Board opinions.

Entitlement to a rating in excess of 50 percent for PTSD with alcohol use disorder prior to December 16, 2021, and from April 1, 2022

In April 2018, a private treatment record was submitted from Cornerstone Family and Sports describing the Veteran's PTSD as not well-controlled and productive of flashbacks, drinking to fall asleep, excessive worry, anxiety, sleep disturbance, and panic attacks. Additionally, during his August 2021 Board hearing, the Veteran testified that he received therapy through the Wounded Warrior Project.  This raises a reasonable possibility that further private treatment records relevant to the Veteran's PTSD may be outstanding. 

The Veteran also recently participated in an in-patient program to treat his substance abuse.  A January 2022 VA treatment record also shows that the Veteran had suicidal ideation in October 2021 and a suicide attempt in early 2021.  This indicates a possible worsening of his PTSD beyond the 50-percent severity level.  Thus, the Board finds that a remand to afford the Veteran a new VA examination is appropriate.  See Snuffer v. Gober, 10 Vet. App. 400 (1997).

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for Cornerstone Family and Sport and any other identified private medical provider, including any treatment through the Wounded Warrior Project.  Make two requests for the authorized records from the identified facilities, unless it is clear after the first request that a second request would be futile.

2. After the records development is completed, schedule the Veteran for a VA examination to determine the severity of his PTSD with alcohol use disorder.  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 his service-connected psychiatric disorder alone.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. George

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.