Citation Nr: 18156947
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 15-03 827A
DATE:	December 11, 2018
REMANDED
Whether the reduction in the disability rating for posttraumatic stress disorder (PTSD) from 70 percent to 50 percent, from June 1, 2014, was proper is remanded.
REASONS FOR REMAND
1. Whether the reduction in the disability rating for posttraumatic stress disorder (PTSD) from 70 percent to 50 percent, from June 1, 2014, was proper is remanded.
A review of the record shows that the Veteran has received mental health treatment at a Vet Center.  In May 2016, the Veteran testified the he had received treatment at the Vet Center from 2009 to 2014.  No records from any Vet Center appear in the claims file.  See 38 U.S.C. § 5103A(c) (2012) & Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical records are in constructive possession of the agency and must be obtained if pertinent).  Accordingly, the claim is remanded.
The matter is REMANDED for the following action:
With the Veteran’s assistance (if necessary) attempt to obtain the Veteran’s treatment records from any Vet Center at which he has received treatment.  Any negative search results should be noted in the record and communicated to the Veteran pursuant to 38 C.F.R. § 3.159(e)

 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joseph R. Keselyak