Citation Nr: 22016396
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 20-04 476
DATE: March 22, 2022

REMANDED

Entitlement to an increased rating in excess of 50 percent for a psychiatric disorder, characterized as posttraumatic-stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1970 to September 1971. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

By way of procedural background, the Board denied an increased rating for PTSD in a March 2020 rating decision.  The Veteran appealed that denial, and in July 2021, the United States Courts of Appeals for Veterans Claims (CAVC) issued a memorandum decision vacating the Board's decision and remanding this issue for further consideration.  It is noted that the Veteran did not contest the additional issues addressed by the Board in its prior decision, and the CAVC remand is limited to the increased rating for a psychiatric disability alone.  

1. Entitlement to an initial rating in excess of 50 percent for a psychiatric disorder, characterized as PTSD, is remanded. 

The record indicates that the Veteran's psychiatric disorder may be worse than the current disability rating he receives.  Furthermore, the Veteran has not been afforded a VA examination since August 2017.  Additionally, the Veteran's private medical provider indicated in May 2017 that the would be providing a more involved opinion related to the Veteran's psychiatric disorder.  However, this report was never completed.  Therefore, the Veteran should be afforded a new examination in order to accurately assess the current level of impairment.  See Snuffer v. Gober, 10 Vet. App. 400, 402-403 (1997); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994); Cf. VAOPGCPREC 11-95 (April 7, 1995).

The matters are REMANDED for the following action:

1. Obtain any and all treatment records from any VA facility from which the Veteran has received treatment.

If the Veteran has received additional private treatment, he should be afforded an appropriate opportunity to submit them.

2. Schedule the Veteran for a VA examination to determine the current severity of the Veteran's psychiatric disorder. 

 

 

M. Pryce

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Billinger, Associate 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.