Citation Nr: 18160137
Decision Date: 12/26/18	Archive Date: 12/26/18

DOCKET NO. 16-03 885
DATE:	December 26, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent for post-traumatic stress disorder (PTSD) prior to November 13, 2015, and in excess of 70 percent thereafter, is remanded.
Entitlement to a total disability rating based on individual unemployability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 2008 to September 2012. 
This appeal stems from a January 2013 rating decision in which the Department of Veterans Affairs (VA) Regional Office (RO) in Winston Salem, North Carolina.
During the pendency of this appeal, in a December 2015 rating decision, a higher 70 percent rating was granted for PTSD, effective November 13, 2015.  Because a higher rating is available before and after November 13, 2015, and the Veteran is presumed to seek the maximum available benefit, the claim for a higher initial rating for PTSD remains on appeal. Fenderson v. West, 12 Vet. App. 119 (1999); AB v. Brown, 6 Vet. App. 35 (1993). 
1. Entitlement to an initial rating in excess of 10 percent for post-traumatic stress disorder (PTSD) prior to November 13, 2015, and in excess of 70 percent thereafter, is remanded.
2. Entitlement to TDIU is remanded.
In June 2018, the VA received notification from the Veteran that he was in receipt of disability payments from the Social Security Administration (SSA). VA has made no attempt to obtain the underlying medical records upon which that determination was based. See Golz v. Shinseki, 590 F.3d 1317, 1321 (Fed. Cir. 2010) (VA has an obligation to secure SSA records if there is a reasonable possibility that the records would help to substantiate the Veteran’s claims.) On remand, those records should be obtained. 
The matters are REMANDED for the following action:
Obtain the Veteran’s federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file.
 
Shamil Patel
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ryan, Associate Counsel