Citation Nr: 20031950 Decision Date: 05/06/20 Archive Date: 05/06/20 DOCKET NO. 16-42 071 DATE: May 6, 2020 REMANDED Entitlement to an initial rating in excess of 50 percent prior to April 27, 2018, and in excess of 70 percent thereafter for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1959 to August 1984, with service in the Republic of Vietnam. He is the recipient of numerous awards and decorations, to include the Combat Infantryman Badge and the Purple Heart. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which awarded service connection for PTSD with an initial rating of 50 percent, effective February 20, 2015. In May 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge in regard to the instant matter. A transcript of the hearing has been associated with the record. In July 2017, the Board remanded the Veteran’s initial rating claim for additional development and his earlier effective date claim for the issuance of a statement of the case pursuant to Manlincon v. West, 12 Vet. App. 238 (1999). Thereafter, the Agency of Original Jurisdiction (AOJ) issued a statement of the case later the same month addressing such claim and the Veteran perfected his appeal of such matter in September 2017. In doing so, he requested a Board hearing before a Veterans Law Judge sitting in Washington, D.C. As such hearing has not been scheduled or held, the matter will be the subject of a separate Board decision issued at a later date, if otherwise in order. While on remand, in a September 2018 rating decision, the AOJ increased the Veteran’s rating for PTSD to 70 percent, effective April 27, 2018. However, as he is presumed to seek the maximum available benefit for a disability, the claim for a higher rating remains in appellate status. AB v. Brown, 6 Vet. App. 35, 38 (1993). Moreover, the issue has been recharacterized to reflect that staged ratings are in effect. Fenderson v. West, 12 Vet. App. 119 (1999). Entitlement to an initial rating in excess of 50 percent prior to April 27, 2018, and in excess of 70 percent thereafter for PTSD. As noted above, the Veteran has perfected an appeal as to the issue of entitlement to an effective date prior to February 20, 2015, for the award of service connection for PTSD; however, as he requested a Board hearing before a Veterans Law Judge in connection with such appeal, the matter will be the subject of a separate Board decision issued at a later date. In this regard, the Veteran’s initial rating claim is inextricably intertwined with his earlier effective date claim as a final decision regarding the effective date assigned for the award of service connection for PTSD will impact the period of the initial rating assigned for such disability. Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim). As such, consideration of the Veteran’s initial rating claim must be deferred pending the outcome of the earlier effective date claim. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (where a claim is inextricably intertwined with another claim, the claims must be adjudicated together in order to enter a final decision on the matter). Consequently, the instant appeal is remanded in order to allow the AOJ to review the file and conduct any indicated development in regard to the Veteran’s claim for a higher initial rating, to include obtaining updated VA treatment records dated from August 2018 to the present from the Washington, D.C., VA Medical Center (VAMC), which includes Charlotte Hall and Southern Prince George’s County Community-Based Outpatient Clinics (CBOCs) that provide treatment for the Veteran’s PTSD, and, after the conduct of the Board hearing in regard to his claim for an earlier effective date for the award of service connection for PTSD, return the appeal to the Board for further consideration of both appeals. The matter is REMANDED for the following action: Review the file and conduct any indicated development in regard to the Veteran’s claim for a higher initial rating for his PTSD, to include obtaining updated VA treatment records dated from August 2018 to the present from the Washington, D.C., VAMC, which includes Charlotte Hall and Southern Prince George’s County CBOCS, and, after the conduct of the Board hearing in regard to his claim for an earlier effective date for the award of service connection for PTSD, return the appeal to the Board for further consideration of both appeals. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Koria B. Stanton, 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.