Citation Nr: 18159083
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 13-12 117
DATE:	December 18, 2018
REMANDED
The issue of entitlement to an initial rating higher than 50 percent for service-connected post-traumatic stress disorder (PTSD) is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from January 1967 to December 1968.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.
The Veteran offered testimony at a video hearing in front of the undersigned Veterans Law Judge in May 2017. A transcript has been associated with the claims file. 
In September 2017, the Board issued a decision awarding an initial 50 percent rating, but no higher, for the Veteran’s service-connected PTSD. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). By a May 2018 Order, the Court, pursuant to a Joint Motion for Partial Remand (JMPR), vacated the Board’s September 2017 decision as to the denial of an initial rating higher than 50 percent; and remanded the case for action consistent with the JMPR. 
The issue of entitlement to an initial rating higher than 50 percent for service-connected PTSD is remanded. 
The JMPR essentially directs the Board to obtain outstanding private treatment records related to the Veteran’s claim. At the May 2017 hearing, the Veteran testified that he attended individual therapy sessions for his PTSD every two weeks. See May 2017 Board Hearing Transcript p. 2-3. Furthermore, a May 2017 treatment note from the Vet Center noted that he had participated in group or individual therapy at the Vet Center since 2011 for his PTSD. However, the claims file only contains the Veteran’s January 2011 intake assessment form from the Vet Center. Thus, on remand, the RO should attempt to obtain all available private treatment records related to his PTSD. 
The matter is REMANDED for the following action:
1. Obtain and associate with the claims file any and all non-duplicative VA treatment records relating to the Veteran’s claim through the present day.  
2. With appropriate authorization from the Veteran, obtain and associate with the record any outstanding private treatment records identified by him as pertinent to his claim, including all records from the Vet Center since January 2011.
All attempts to procure these records should be documented, including any negative responses.

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3. Perform any additional development—including a VA examination if warranted.
 
 H. M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Erin J. Trojanowski, Associate Counsel