Citation Nr: 20022294 Decision Date: 03/31/20 Archive Date: 03/31/20 DOCKET NO. 19-00 419 DATE: March 31, 2020 REMANDED Entitlement to an initial rating in excess of 70 percent for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD) and a major depressive disorder is remanded. REASONS FOR REMAND The Veteran had active service from October 2003 to June 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision by a Regional Office (RO) for Department of Veterans Affairs. This matter was previously before the Board in July 2019 and was remanded by the Board to readjudicate the Veteran’s increased rating claim for a major depressive disorder with consideration of the grant of service connection for PTSD in the same decision. The Board notes that the Veteran’s VA treatment records indicate that the Veteran has sought treatment for her psychiatric disabilities through the Depression and Anxiety Center as well as through St. Mary’s Hospital. These records have not yet been associated with the claims file. In addition, the Veteran’s representative indicated in February 2020 correspondence that the Veteran’s prior employer determined that her depressive disorder and PTSD resulted in total occupational impairment that is not yet associated with the record. A remand is therefore necessary in order to obtain those records. Additionally, on remand, the Board also finds that any outstanding VA treatment records should also be obtained. See 38 U.S.C. § 5103A(b), (c); 38 C.F.R. § 3.159(b); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016) (where the Veteran “sufficiently identifies” other VA medical records that he or she desires to be obtained, VA must also seek those records even if they do not appear potentially relevant based upon the available information); Bell v. Derwinski, 2 Vet. App. 611 (1992). Finally, in light of the need to remand for the above reasons, and as the Veteran’s last VA examination was in August 2016, on remand, the AOJ should afford the Veteran another VA examination that contemplates the current severity of her psychiatric disability. The matters are REMANDED for the following action: 1. Ask the Veteran to identify any private treatment that she may have had for her psychiatric disorders, which is not already of record, to include treatment records from the Depression and Anxiety Center and St. Mary’s Hospital. After securing the necessary releases, attempt to obtain and associate those identified treatment records with the claims file. If any identified records cannot be obtained and further attempts would be futile, such should be noted in the claims file and the Veteran should be notified so that she can attempt to obtain those records on her own behalf. 2. Provide the Veteran with and ask her to complete the appropriate authorization forms necessary for release of her employment records from the US Postal Service, including a January 2017 Office of Personnel Management opinion. After securing the necessary releases, attempt to obtain and associate the records with the claims file. If any identified records cannot be obtained and further attempts would be futile, such should be noted in the claims file and the Veteran should be notified so that she can attempt to obtain those records on her own behalf. 3. Obtain any and all VA treatment records and associate those documents with the claims file. 4. Following the above development, ensure that the Veteran is scheduled for a VA examination with an appropriate examiner in order to determine the current severity of her major depressive disorder and PTSD. The claims file must be made available to and be reviewed by the examiner in conjunction with the examination. The examiner should indicate all symptomatology associated with the Veteran’s psychiatric disabilities and indicate the impact of such on her social and occupational functioning. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board John M. Middleton 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.