Citation Nr: 20007294 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 13-16 705 DATE: January 28, 2020 REMANDED The claim of entitlement to an initial rating higher than 30 percent for service-connected posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active duty service from March 1989 to July 1989, from July 1991 to November 1991, and from January 2004 to April 2005. This appeal to the Board of Veterans’ Appeals (Board) arose from a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in which the RO, inter alia, reopened and granted service connection for PTSD and assigned an initial 30 percent rating, effective March 29, 2010. The Veteran disagreed with, and perfected an appeal as to, the assigned rating for PTSD. In April 2016, the Veteran testified during a Board video-conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. In June 2016 and March 2018, the Board remanded the claim on appeal. Unfortunately, the Board finds that further agency of original jurisdiction (AOJ) action on the claim on appeal is warranted, even though such will, regrettably, further delay an appellate decision on this matter. A remand by the Board confers upon a veteran, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268 (1998). In the March 2018 remand, the Board directed that the AOJ obtain outstanding treatment records from the Lakewood Vet Center in compliance with the Board’s previous remand, as the previous requests were sent to the incorrect address. However, the AOJ, again, sent the records request to the same incorrect address. The Lakewood Vet Center is located in the Parkway Seventy Plaza, Suite 22N; however, the request letters were, again, sent to Suite 32N. Notably, a recent October 2019 VA treatment record notes that the Veteran continues to receive treatment from the Vet Center. Accordingly, the Board finds an additional remand is required to obtain the outstanding treatment records from the Lakewood Vet Center in compliance with the Board’s previous remand. See Stegall, supra. Also while this matter is on remand, to ensure that all due process requirements are met, and that the record is complete, the AOJ should also give the Veteran another opportunity to provide additional information and/or evidence pertinent to the claim on appeal (to include regarding private (non-VA) treatment), explaining that he has a full one-year period for response. See 38 U.S.C. § 5103(b)(1); but see 38 U.S.C. § 5103(b)(3) clarifying that VA may decide a claim before the expiration of the one-year notice period). Thereafter, the AOJ should attempt to obtain any additional evidence for which the Veteran provides sufficient information and, if necessary, authorization, following the procedures prescribed in 38 C.F.R. § 3.159. The actions identified herein are consistent with the duties imposed by the Veterans Claims Assistance Act of 2000 (VCAA). See 38 U.S.C. §§ 5103, 5103A; 38 C.F.R. § 3.159. However, identification of specific actions requested on remand does not relieve the AOJ of the responsibility to ensure full compliance with the VCAA and its implementing regulations. Hence, in addition to the actions requested above, the AOJ should also undertake any other development and/or notification action deemed warranted prior to adjudicating the matter on appeal. The matter is hereby REMANDED for the following action: 1. Obtain all outstanding pertinent records of mental health evaluation and/or treatment of the Veteran from the Lakewood Vet Center, located at the Parkway Seventy Plaza, Suite 22N (not 32N). Follow the procedures set forth in 38 C.F.R. § 3.159(c) as regards requesting records from Federal facilities. All records and/or responses received should be associated with the claims file. 2. Send to the Veteran and his agent a letter requesting that the Veteran provide sufficient information concerning. and, if necessary, authorization to enable VA to obtain, any additional evidence pertinent to the claim on appeal that is not currently of record, to include any outstanding, pertinent, private (non-VA) medical records. Clearly explain to the Veteran that he has a full one-year period to respond (although VA may decide the claim within the one-year period). 3. If the Veteran responds, assist him in obtaining any additional evidence identified, following the current procedures set forth in 38 C.F.R. § 3.159. All records/responses received should be associated with the claims file. If any records sought are not obtained, notify the Veteran of the records that were not obtained, explain the efforts taken to obtain them, and describe further action to be taken. 4. To help avoid future remand, ensure that the requested actions have been accomplished (to the extent possible) in compliance with this REMAND. If any action is not undertaken, or is taken in a deficient manner, appropriate corrective action should be undertaken. See Stegall, supra. 5. After completing the requested actions, and any additional notification and/or development deemed warranted, adjudicate the claim on appeal, considering all pertinent evidence (to particularly include all that added to the electronic claims file since the last adjudication) and legal authority. JACQUELINE E. MONROE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sarah Campbell, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.