Citation Nr: 1318290 Decision Date: 06/05/13 Archive Date: 06/11/13 DOCKET NO. 09-05 229 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD). REPRESENTATION Veteran represented by: The American Legion WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD David S. Nelson, Counsel INTRODUCTION The Veteran had active service from August 1976 to December 1976. This case is before the Board of Veterans' Appeals (Board) on appeal from a January 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. Jurisdiction of this case belongs to the RO in Montgomery, Alabama. In August 2010 the Veteran testified during a hearing at the RO before the undersigned. A copy of the hearing transcript is of record. In December 2011 the Board remanded this case for additional development. The appeal is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. VA will notify the Veteran if further action is required. REMAND In a statement received in October 2012 the Veteran identified pertinent VA records that are not associated with the claims file. In particular, the Veteran indicated that on September 4, 2012 he had seen a VA mental health physician at the "Shoals VA CBOC." The Veteran essentially requested that VA obtain these records. The Board observes that the Veteran's paper file and electronic portion (Virtual VA) reveals treatment records dated only through April 25, 2012. The Board emphasizes that records generated by VA facilities that may have an impact on the adjudication of a claim are considered constructively in the possession of VA adjudicators during the consideration of a claim, regardless of whether those records are physically on file. See Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). To ensure that a complete record is before VA adjudicators, it is essential that all relevant VA treatment records must be associated with the claims file. The Board finds that there has been substantial compliance with its December 2011 remand instructions and additional development beyond obtaining the updated VA records is not needed at this time. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Accordingly, the case is REMANDED for the following action: 1. Obtain all VA medical records pertaining to relevant treatment of the Veteran since April 25, 2012, and associate them with the claims file. 2. Then readjudicate the issue on appeal taking into consideration all evidence of record, including all evidence added to the claims file since the August 2012 supplemental statement of the case was issued. If the benefit sought is not granted in full, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate opportunity for response thereto. Thereafter, the case should be returned to the Board, as appropriate. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. 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 (CONTINUED ON NEXT PAGE) action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ JAMES G. REINHART Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), 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) (2012).