Citation Nr: 18156486
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 16-58 390A
DATE:	December 11, 2018
REMANDED
Entitlement to a rating higher than 70 percent for posttraumatic stress disorder (PTSD) with depression and insomnia prior to September 29, 2016 is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 2000 to June 2005.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  A November 2016 rating decision assigned a 100 percent rating effective September 29, 2016.  The Veteran indicated in his December 2016 VA Form 9 that he believes a 100 percent rating is warranted throughout the period on appeal.
1. Entitlement to a rating higher than 70 percent for PTSD with depression and insomnia prior to September 29, 2016 is remanded.
Evidence indicates that there are outstanding relevant VA treatment records.  The June 2018 Appellant’s Brief, the Veteran’s representative argues that the Veteran’s VA treatment records indicate that his symptoms warranted a rating of 100 percent from the date of claim in October 2015.  VA treatment records from the period on appeal are also referenced in the September 2016 VA examination.  However, the most recent VA treatment records associated with the claims file are from January 2013.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  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 for the period from January 2013 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.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Budd, Counsel