Citation Nr: 24005387 Decision Date: 02/02/24 Archive Date: 02/02/24 DOCKET NO. 15-36 551 DATE: February 2, 2024 REMANDED Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder from September 20, 2023, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service in the United States Army from September 1989 to July 1993. Among his awards, the Veteran has received the Kuwait Liberation Medal, the National Defense Service Medal, and the Southwest Asia Service Medal with 3 bronze stars. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This rating decision continued the 50 percent rating for post-traumatic stress disorder (PTSD). Subsequently, the RO issued a November 2023 rating decision which awarded a 100 percent rating for PTSD from June 1, 2019, through September 20, 2023, and 50 percent rating from September 20, 2023. The Veteran's representative submitted a December 2023 letter clarifying that the Veteran is now requesting a rating in excess of 50 percent from September 20, 2023. Accordingly, the only issue presently before the Board is entitlement to a disability rating in excess of 50 for PTSD from September 20, 2023. The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge (VLJ) in June 2019. A written transcript of the hearing has been prepared and is associated with the claims file. Entitlement to a disability rating in excess of 50 percent for PTSD from September 20, 2023, is remanded. The Board finds the October 2023 VA examination inadequate for the reason that the examiner did not consider all lay evidence. Specifically, the examiner did not consider the Veteran's statements and history provided during the examination. After reviewing the examiner's opinion, the Veteran submitted a Statement in Support of Claim in December 2023 in which he outlines numerous facts and symptoms he mentioned to the examiner which were not addressed in the report. Specifically, the Veteran avers that he told the examiner he suffered from a lack of concentration, flashbacks and intruding memories, temper issues, difficulty managing relationships, panic attacks, obsessive rituals, nightmares and night terrors, and a lack of sexual desire. Among the most significant issues the Veteran states were not addressed is his family having to move into a hotel because of his anger issues and his suicidal ideation and intrusive thoughts. The Veteran's representative specifically requested a new examination in light of the Veteran's allegations regarding his examination. In light of the fact that the October 2023 VA examination does not adequately address the Veteran's contentions, the Board cannot make a fully informed decision on the issue without a new examination. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination with a new examiner to determine the current severity of his 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 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 the Veteran's PTSD alone. The entire claims file and a copy of this Remand must be made available to and reviewed by the examiner, and it should be confirmed that such records were available for review. 2. A complete rationale must be provided for all opinions offered. If an opinion cannot be offered without resort to mere speculation, the examiner must fully explain why this is the case and identify what additional evidence, if any, would allow for a more definitive opinion. 3. Following the completion of the foregoing, and any other development deemed necessary, the AOJ should issue a supplemental statement of the case (SSOC) and readjudicate the Veteran's claim of entitlement to a rating in excess of 50 percent for PTSD from September 20, 2023. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Litts, Norman W. Jr 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.