Citation Nr: 18157727
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 14-30 005
DATE:	December 14, 2018
REMANDED
The claim of entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.
The claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran had active duty service from November 2002 to May 2006 in the United States Army.  The evidence reflects that the Veteran served in Southwest Asia during his military service, and among other commendations, he received the Combat Action Badge.  
The Veteran testified at a videoconference hearing before the Board in June 2015.  A transcript of that hearing has been associated with the claims file.  In a November 2017 letter from the Board, the Veteran was notified that the Veterans Law Judge who conducted his hearing in June 2015 was no longer employed with the Board.  He was informed that he had the option to request a new hearing before a different Veterans Law Judge, but if the Board did not receive a response within 30 days, it would be assumed that he did not desire to be scheduled for an additional hearing.  No response was received from the Veteran within that time frame, and as such, the Board will proceed with this appeal without scheduling an additional hearing.  
The Board previously remanded this case for further development in April 2017.  The case has been returned to the Board for appellate review. 
1. Entitlement to a disability rating in excess of 50 percent for PTSD is remanded.
In an August 2017 VA treatment record the Veteran identified relevant outstanding private treatment records.  He noted that he was being treated by a psychiatrist outside the VA who prescribed him Xanax.  A remand is required to allow VA to obtain authorization and request these records.
2. Entitlement to a TDIU due to service-connected disabilities is remanded.
The Veteran’s claim of increased rating for PTSD affects the disabilities considered under his TDIU claim; therefore, the increased rating and TDIU claims are inextricably intertwined.  Thus, a decision by the Board on the claim for TDIU would, at this point, be premature.
The matters are REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for his private psychiatric records.  Make two requests for the authorized records from the Veteran’s private examiner, unless it is clear after the first request that a second request would be futile.
2. After undertaking the development above and any additional development deemed necessary, the Veteran’s claims should be readjudicated.  If the benefits sought on appeal remain denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.
 
B. MULLINS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Patricia Veresink