Citation Nr: 19124656
Decision Date: 04/02/19	Archive Date: 04/02/19

DOCKET NO. 15-07 601
DATE:	April 2, 2019

REMANDED

Entitlement to an effective date earlier than September 1, 2013, for the award of a 70 percent rating for post-traumatic stress disorder (PTSD), based on substitution is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU), based on substitution is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1965 to July 1969.  He died in September 2016, during the pendency of his appeal.  The Appellant has been recognized as the substitute claimant pursuant to 38 U.S.C. § 5121A (2012); 38 C.F.R. § 3.1010(b) (2018).

Prior to his death, the Veteran testified during a July 2016 hearing before the undersigned.  A transcript of the hearing is of record.

The Board previously remanded the claims in June 2018.

1. Entitlement to an effective date earlier than September1, 2013, for the award of a 70percent rating for post-traumatic stress disorder (PTSD) and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded.

In the June 2018 remand, the Board directed the Agency of Original Jurisdiction (AOJ) to contact the Appellant and ask her to provide authorization to release private treatment records, and to ask her to fill out VA Form 21-8940, on behalf of the Veteran.  The AOJ made these requests in a letter sent in September 2018.

In her September 2016 hand-written request for substitution, the Appellant wrote her address on [Redacted].  This is the same address provided by the Veteran on a February 2015 VA Form 9.  However, the AOJ sent the requested correspondence to the Appellant at a similar address, but on [Redacted].  The record reflects use of both [Redacted] and [Redacted] as addresses for the Appellant.  Therefore, out of an abundance of caution to ensure substantial compliance with the June 2018 remand directives, the Board will remand so the requested correspondence can be sent to the [Redacted] address and so the Appellant will have an opportunity to reply.  Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The Appellant and her representative are advised that under 38 C.F.R. § 3.158(a), where evidence requested in conjunction with a claim for increase (to include a TDIU), such as identifying information and releases for private records, is not furnished within one year after the date of request, the claim is to be considered abandoned.

The matters are REMANDED for the following action:

1.  Using the address on [Redacted], ask the Appellant to complete a VA Form 21-4142 for the Vet Center in Montana.  After authorization is received, obtain any treatment records for the period from August 2011 to September 2016.    Document all requests for information as well as all responses in the claims file.

2.  Using the address on [Redacted], ask the Appellant to complete VA Form 21-8940, “Application for Increased Compensation Based on Unemployability”, on the Veteran's behalf.

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel