Citation Nr: 18141045
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 15-46 056
DATE:	October 9, 2018
REMANDED
Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1968 to September 1970.  
This matter is on appeal from a June 2014 rating decision.  
In October 2017, more than 90 days after certification of the appeal to the Board, the Veteran submitted a VA Form 21-22 appointing DAV as his new representative.  The Board has found good cause to accept the change in representation.  Accordingly, the Board honors the change in representation.  See 38 C.F.R. § 20.1304 (2017).
Evidence indicates that there may be outstanding relevant VA treatment records.  On the October 2017 VA Form 21-526EZ, the Veteran reported that he was treated at the Manchester VA Medical Center (VAMC) from January 2014 to the present for the disability on appeal.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  Although the RO indicated that the Veteran did not have any treatment records at the Togus VAMC, it does not appear that they attempted to obtain any treatment records from the Manchester, New Hampshire VAMC.  A remand is required to allow VA to obtain them.
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records from the Manchester VAMC for the period from January 2014 to the present.
2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs