Citation Nr: 18140515
Decision Date: 10/03/18	Archive Date: 10/03/18

DOCKET NO. 15-35 008
DATE:	October 3, 2018
REMANDED
Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) with major depressive disorder is remanded.
REASONS FOR REMAND
The Veteran had active service from January 1987 to January 2007. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for PTSD with major depressive disorder with an initial 30 percent rating effective November 26, 2014.
1. Entitlement to an initial rating in excess of 30 percent for PTSD with major depressive disorder is remanded.
The Veteran contends that he is entitled to a higher initial disability rating for PTSD with major depressive disorder.  He reports that he continues to receive counseling and treatment for his disorders.  
The Board notes that a March 2015 statement from Dr. N. M. indicates he has received treatment since October 2013.  In another March 2015 statement P. D., M.S., LHMC indicated that the Veteran has received couples counseling since 2011 and individual counseling since November 2013. 
Unfortunately, treatment records from these providers are not associated with the claims file nor does the file contain a form authorizing the VA to retrieve such records (e.g. VA Form 21-4142). Therefore, on remand attempts should be made to obtain these, and any other, relevant, outstanding private treatment records.
Finally, additional VA treatment records were received after the September 2015 statement of the case.  The RO will now have an opportunity to review these records, in the first instance, on remand.  See 38 C.F.R. 20.1304(c).  The file should also be updated with any VA treatment records since November 2015.
The matter is REMANDED for the following action:
1. Provide the Veteran another opportunity to identify any pertinent private treatment records. Ask the Veteran to complete a VA Form 21-4142 for all physicians and facilities identified, including P.D., M.S., LMHC and Dr. N. M. 
Make two requests for the authorized records from any identified physicians and facilities unless it is clear after the first request that a second request would be futile. If any requested outstanding records cannot be obtained, the Veteran should be notified of such.
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2. Update the file with any outstanding VA treatment records since November 2015. If the VA records are unavailable, the Veteran must be notified in accordance with 38 C.F.R. § 3.159(e).
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Aoughsten, Associate Counsel