Citation Nr: 0001713 Decision Date: 01/20/00 Archive Date: 01/28/00 DOCKET NO. 98-19 306 ) DATE ) ) On appeal from the Department of Veterans Affairs Medical and Regional Office Center in Wichita, Kansas THE ISSUE Entitlement to an evaluation in excess of 30 percent for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Siobhan Brogdon, Counsel INTRODUCTION The veteran served on active duty from March 1969 until February 1971. This appeal comes before the Department of Veterans Affairs (VA) Board of Veterans' Appeals (Board) from a rating decision of June 1998 of the Wichita, Kansas Medical and Regional Office Center (RO) which granted service connection for PTSD, and assigned a 30 percent rating, effective April 30, 1998. REMAND In his substantive appeal, dated in October 1998, the veteran reported that he continued in treatment at the Kansas City VAMC and at a Vet Center. The record reflects Vet Center records dated from March 1987 to March 1989, and Kansas City VAMC outpatient treatment reports dated from April 1998 to July 1998. More timely records from the Kansas City VAMC and the Vet Center, of which VA has notice, would be useful in the adjudication of the appeal. The Board additionally notes that the most recent VA psychiatric examination was performed in June 1998, and was for the purpose of adjudication of service connection. In view of the above, the case is thus REMANDED to the RO for the following actions: 1. Any and all VA clinical records dating from August 1998 should be requested from the Kansas City VAMC, and all records dated from April 1989 should be requested from the Vet Center, and associated with the claims folder. 2. The RO should schedule the veteran for a VA social and industrial survey and special psychiatric examination, in order to determine the extent of the service-connected PTSD. All necessary tests and studies should be conducted in order to identify and describe the symptomatology attributable to PTSD. The report of examination should contain a detailed account of all manifestations of the disability(ies) found to be present. If there are found to be psychiatric disorder(s) other than PTSD, the examiner should reconcile the diagnoses and should specify which symptoms are associated with each of the disorder(s). If certain symptomatology cannot be disassociated from one disorder or the other, it should be so specified. The examiner must also comment on the extent to which PTSD affects occupational and social functioning. A multi-axial assessment should be conducted, and a thorough discussion of Axis IV (psychosocial and environmental problems) and Axis V (Global Assessment of Functioning (GAF) score), with an explanation of the numeric code assigned, is to be included. The claims folder and a copy of this remand must be made available to the psychiatrist for review in conjunction with the examination. It should be indicated by the examiner whether the claims folder has been reviewed. The complete rationale for any opinion expressed must be set forth in a legible report. 3. Prior to the examination, the RO must inform the veteran, in writing, of all consequences of his failure to report for the examination in order that he may make an informed decision regarding his participation. 4. The RO should review the examination report to determine if it is in compliance with this REMAND. If deficient in any manner, it should be returned, along with the claims file, for immediate corrective action. 5. After completing any necessary development in addition to that specified above, the RO should readjudicate the claim of entitlement to a disability rating greater than 30 percent for PTSD, with application of the tenets of Fenderson v. West, 12 Vet. App. 119, 126 (1999) to determine whether "staged" ratings are warranted for manifestations of the service- connected disability. If the disposition remains unfavorable to the veteran, the RO should furnish him and his representative with a supplemental statement of the case and afford him the opportunity to respond. Thereafter, the case should be returned to the Board for final appellate review, if in order. The purpose of this REMAND is to ensure compliance with VA's duty to assist. The Board intimates no opinion as to the ultimate outcome of the veteran's claim. No action is required of the veteran until further notice. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21- 1, Part IV, paras. 8.44-8.45 and 38.02-38.03. U. R. POWELL Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1999).