Citation Nr: 20021243 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 17-00 770 DATE: March 25, 2020 REMANDED Entitlement to an increased rating for dysthymic disorder with posttraumatic stress disorder (hereinafter PTSD), currently rated as 30 percent disabling prior to January 27, 2020 and 50 percent disabling thereafter, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from September 1990 to February 1992. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video conference hearing. A transcript of his testimony is of record. These matters were last before the Board in October 2019, when they were remanded for additional development. 1. Entitlement to an increased rating for PTSD, currently rated as 30 percent disabling prior to January 27, 2020 and 50 percent disabling thereafter, is remanded. 2. Entitlement to a TDIU is remanded. The evidence indicates there may be outstanding relevant VA treatment records. A VA treatment record from January 29, 2020 indicates that the Veteran was to return for a follow up mental health appointment on February 7, 2020. VA treatment records subsequent to February 4, 2020 have not been associated with the claims file. Additionally, VA record entries from December 1, 2014, December 8, 2014, December 24, 2014, November 10, 2015, November 17, 2015, and December 3, 2015 note that VA inpatient treatment records, a mental health record, and non-VA care emergency room records had been scanned into VistA Imaging. It does not appear that the referenced records have been associated with the claims file. A remand to obtain the outstanding records is required. The record also indicates that there are outstanding private treatment records. VA treatment records from May 17, 2002, September 10, 2010, November 2, 2010, and December 19, 2019 indicate that the Veteran had received private mental health treatment from Creighton Clinic, Heartland Family, Catholic Charities, and an unidentified non-VA provider. To date, these records have not been requested or otherwise obtained. On remand, reasonable efforts should be made to obtain them. The Veteran’s April 2016 VA Form 21-8940 lists two prior employers, both of which were salons. Nevertheless, VA treatment records from January 12, 2011, April 22, 2011, July 11, 2013, and June 30, 2014 indicate that the Veteran also worked part-time “in a school lunchroom” and with a chiropractor as a masseuse. Likewise, VA treatment records from August 29, 2016 and July 30, 2018 indicate that she had a new job preparing “food for school children” and that she was working as a massage therapist at a massage school in addition to having her own private practice. As employment information is relevant to the Veteran’s TDIU claim, it should be requested on remand. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her claimed disabilities, including Creighton Clinic, Heartland Family, Catholic Charities, and her unidentified non-VA provider. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since February 4, 2020 as well as the VistA Imaging records referenced in the December 1, 2014, December 8, 2014, December 24, 2014, November 10, 2015, November 17, 2015, and December 3, 2015 VA treatment entries. If any requested records are unavailable, the Veteran should be notified of such. 2. Ask the Veteran to fully complete a VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, to include detailing all education and training, all full-time or part-time employment, and all self-employment since 2014. She should also be asked to submit evidence showing her income from self-employment, such as tax returns. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Anderson, Julia 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.