Citation Nr: A25035442 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 240607-446553 DATE: April 17, 2025 REMANDED The propriety of the reduction in the disability rating for posttraumatic stress disorder (PTSD) with depression, from 50 percent to 0 percent, effective April 1, 2024, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from July 2020 to January 2023. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued on March 27, 2024, by a Department of Veterans Affairs (VA) Regional Office, herein referred to as the Agency of Original Jurisdiction (AOJ), under the Appeals Modernization Act (AMA). In June 2024, the Veteran timely submitted a Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) and elected the direct review docket. Based on the Veteran's election, the Board's review is limited to the evidence of record at the time of the issuance of the March 2024 rating decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. In January 2025, the Veteran submitted an informal Motion to Advance on the Docket (AOD), citing severe financial distress. In this regard, appeals must be considered in docket number order, but may be advanced if sufficient cause is shown. 38 U.S.C. § 7107 (a); 38 C.F.R. § 20.900 (c). Sufficient cause includes advanced age (defined as 75 years or more), serious illness, severe financial hardship, or administrative error resulting in a significant delay. However, the Veteran did not submit any evidence which demonstrates severe financial hardship such as a pending bankruptcy, home foreclosure, or homelessness. General financial difficulties alone are insufficient. Consequently, in the absence of sufficient cause, the Veteran's motion to advance her case on the docket is denied. Propriety of the reduction in the disability rating for PTSD with depression from 50 percent to 0 percent, effective April 1, 2024. In a November 2023 rating decision, the AOJ proposed to decrease the Veteran's disability rating for PTSD with depression from 50 percent to 0 percent. Such reduction in rating was effectuated in the March 2024 rating decision on appeal. The AOJ's decision to reduce the Veteran's disability rating was based on her failure to appear for a VA reexamination without good cause. 38 C.F.R. § 3.655. Specifically, the evidence of record shows that the Veteran was scheduled for a VA examination; however, an Exam Scheduling Request dated August 9, 2023, indicates that the Veteran was unavailable. Additionally, a letter dated November 20, 2023, indicates that the Veteran was scheduled for a VA examination on August 18, 2023, and the Veteran failed to appear. In the June 2024 VA Form 10182, the Veteran indicated that she was unable to attend appointments due to moving and inability to take time off from work. Upon review, the Board finds the evidence to be unclear as to whether the Veteran received proper notice of the August 18, 2023, VA examination and/or whether the examination was rescheduled after she indicated she was unavailable. Moreover, the Board finds that the Veteran presented good cause in her failure to appear for the August 2023 VA examination. See 38 C.F.R. § 3.655. Consequently, the Board finds a remand is necessary in order to cure a pre-decisional duty-to-assist error and afford the Veteran a VA examination in order to assess the current nature of her PTSD with depression. The matters are REMANDED for the following action: Schedule the Veteran an appropriate VA examination to determine the current nature and severity of her service-connected PTSD with depression. The record, to include a copy of this Remand, must be made available to the examiner. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. The examiner should describe the nature and severity of all manifestations of the Veteran's PTSD with depression, and the resulting impact on her occupational and social functioning. A rationale for any opinion offered should be provided. Wendy Daknis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Waite, Jennifer 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.