Citation Nr: 25005362
Decision Date: 04/21/25	Archive Date: 04/21/25

DOCKET NO. 15-41 170
DATE: April 21, 2025

REMANDED

Entitlement to a rating in excess of 70 percent for post-traumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active service from March 1995 to August 1999.

In May 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record.

In October 2019, the Board remanded the issues on appeal for additional development.

In a November 2020 Board decision, the Board denied the Veteran's claim for an increased disability rating for the Veteran's PTSD disability. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In August 2024, the parties filed a Joint Motion for Remand (JMR) moving for vacatur of the November 2020 decision's denial of an increased disability rating for the Veteran's PTSD disability. On September 10, 2024, the Court issued an Order granting the JMR and remanding the matter to the Board for further development and proceedings pursuant to 38 U.S.C. § 7252(a).

The parties agreed that the Board did not provide adequate reasons and bases for denying the Veteran's claim for a disability rating in excess of 70 percent for PTSD.

The Board finds a remand is necessary to provide the Veteran with an examination to determine the current severity of his PTSD disability. The Veteran has not had a VA examination for his PTSD since 2018. The Board also notes that the most recent treatment records associated with the Veteran's claims file are more than five years old. 

The matter is REMANDED for the following action:

1. Obtain all outstanding VA treatment records and associate them with the evidence of record before the Board.

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2. Then, schedule the Veteran for an examination by an appropriate clinician to determine the severity of the Veteran's psychiatric disabilities.

3. When the above development has been completed, readjudicate the issues on appeal. If any benefit sought on appeal remains denied, issue an additional supplemental statement of the case to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, return the appeal to the Board for appellate review.

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Quist, 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.