Citation Nr: 20021145 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 13-25 014A DATE: March 24, 2020 REMANDED Entitlement to an effective date prior to April 13, 2011, for an award for service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from June 1968 to June 1970. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). Unfortunately, the Veteran passed away in October 2016. The appellant is his surviving spouse. As an initial matter, the Board expresses its condolences to the appellant for the loss of her husband and acknowledges the years of excellent service he gave the United States in the U.S. Marine Corps. This matter was previously before the Board in July 2015, at which time entitlement to an earlier effective date was denied. The appellant appealed the Board decision to the Court of Appeals for Veterans’ Claims (Court), which upheld the Board ruling. The appellant appealed the Court’s decision to the United States Court of Appeals for the Federal Circuit, which overturned the Court’s decision, vacating the Board’s July 2015 decision and returning the matter to the Board. The claimant has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). 1. Entitlement to an effective date prior to April 13, 2011, for an award for service connection for posttraumatic stress disorder (PTSD) is remanded. The Federal Circuit noted in its decision that the appellant has argued that the Veteran’s PTSD diagnosis was originally furnished around 2000, but the Veteran did not become aware that he was afflicted by the disorder until approximately 2011, at which time he made a formal claim for benefits therefor. Further, the appellant has indicated the Veteran may have made an informal claim at some time prior to 2011, and has suggested such a claim may be contained in or elucidated by records, including VA treatment records, dating to 2000. To this end, the Federal Circuit indicated that VA’s duty to assist requires that additional efforts be made to obtain any relevant records that may contain an informal claim for service connection for PTSD. On remand, all VA treatment records dating from January 1, 2000 must be obtained, and efforts must be made to obtain any identified private treatment records dating from January 1, 2000. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the appellant’s claims dating from January 1, 2000. If any requested records are unavailable, the appellant should be notified to that effect. The appellant should be specifically notified that she may submit any medical records relevant to this claim that she has in her possession. The appellant should also be requested to provide information as to VA or private medical treatment providers from whom the Veteran received treatment. The RO is directed to make the appropriate efforts to obtain records from any provider identified by the appellant. If any VA treatment records dating from January 1, 2000 are determined to be unavailable, issue a formal finding of unavailability. 2. After completing the requested actions and any additional notification and/or development deemed warranted, readjudicate the issue remaining on appeal, with special consideration given to whether any record obtained pursuant to directive 1., above, or any other record, contains an informal claim for entitlement to service connection for PTSD. If the benefit sought on appeal is not granted, the appellant must be furnished a supplemental statement of the case and afforded the appropriate time period for response. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Sahraie, Associate 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.