Citation Nr: 18154412
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 11-27 401
DATE:	November 29, 2018
ORDER
Entitlement to an initial rating of 70% for posttraumatic stress disorder is granted.
REMANDED
Entitlement to an initial rating in excess of 70% for posttraumatic stress disorder is remanded.
FINDING OF FACT
1.  Prior to April 28, 2018, posttraumatic stress disorder was manifested by occupational and social impairment with deficiencies in most areas.  
CONCLUSION OF LAW
1.  Prior to April 28, 2018, posttraumatic stress disorder was 70 percent disabling. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.130, Diagnostic Code 9411 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from August 2000 to July 2009.
The Veteran testified before the undersigned at the Board of Veterans’ Appeals’ (Board) office in Washington, D.C. in March 2012.  A transcript of the hearing is of record.  
The Board previously remanded this claim in April 2014 and August 2016.
Rating
The Agency of Original Jurisdiction assigned a staged rating.  Most recently, a 70 percent evaluation was assigned based upon medical evidence.  See August 2018 rating decision and August 2018 supplemental statement of the case (staged 30, 50 and 70 percent ratings); see also August 2018, April 2014 and September 2009 VA examinations.  According to the rating decision, the recent evidence disclosed psychomotor retardation and difficulty remembering details.  However, such symptoms were noted by the undersigned during the Veteran’s 2012 hearing.  Here, we conclude that there has not been a significant change in the disability and a uniform evaluation is assigned.
To the extent that a higher evaluation is sought, such is subject to a Remand.
REASONS FOR REMAND
In its August 2016 remand, the Board directed the Agency of Original Jurisdiction (AOJ) to obtain the names and addresses of the Veteran’s relevant medical care providers, and attempt to obtain medical records from them.  The AOJ was also directed to notify the veteran if such records were unavailable.   A review of the record indicates the AOJ failed to substantially comply with these directives, so a remand is required to ensure such compliance.  Stegall v. West, 11 Vet. App. 268, 271 (1998).
In an October 2016 release, the Veteran identified two VA Community Based Outpatient Clinics (COBCs), where he has received treatment for several years.  A review of the record reveals the AOJ sought medical records from the Washington Veterans Affairs Medical Center for the months of July 2009 through September 2009, but not from the local COBCs for the years identified by the Veteran.  See August 24, 2017 report of general information; see also 38 C.F.R. § 3.159(c)(2) (2017).
Furthermore, the evidence of record supports that there are outstanding treatment records.  In a November 2016 statement, the Veteran reported getting treatment from Dr. M.P. since April 2015 and was seeing a different doctor before that.  However, the oldest treatment note from Dr. M.P., and from Southern Prince George’s County COBC generally, is dated April 15, 2016.  Therefore, remand is warranted to obtain outstanding Veterans Affairs medical records.  
In an April 2018 statement, the Veteran reported his belief that he did not have enough time during his April 2018 VA PTSD examination to convey the severity of his symptoms.  The Veteran is reminded that he may submit an account of his symptoms and their history to Veterans Affairs.  Others that have observed or interacted with the Veteran, such as family, friends and coworkers, may also submit statements.
The matters are REMANDED for the following action:
1.  Obtain outstanding Veterans Affairs treatment records from Southern Prince George’s County COBC and Charlotte Hall, MD COBC.  Attempts to obtain these records should be documented in the claim file.
2.  After undertaking any additional development deemed appropriate, adjudicate the claims in light of any additional evidence added to the record.

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel