Citation Nr: A20009268 Decision Date: 05/26/20 Archive Date: 05/26/20 DOCKET NO. 190415-9274 DATE: May 26, 2020 REMANDED Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Service connection for blepharitis, claimed as an eye condition, is remanded. Service connection for tension headaches is remanded. Service connection for hypertension is remanded. Service connection for a right shoulder condition is remanded. Service connection for lumbar spine degenerative disc disease is remanded. Service connection for cervical spine degenerative disc disease is remanded. REASONS FOR REMAND The Veteran had active service from July 1979 to June 1982, September 2005 to December 2005, and December 2006 to January 2007. The Veteran opted into the Rapid Appeals Modernization Program (RAMP) in June 2018 by filing a Supplemental Claim. In a March 2019 rating decision, the Agency of Original Jurisdiction granted service connection for PTSD and assigned an initial, 50 percent rating effective June 27, 2014; and denied entitlement to service connection for blepharitis, tension headaches, hypertension, a right shoulder condition, lumbar spine degenerative disc disease, and cervical spine degenerative disc disease. For the issues of service connection for blepharitis, tension headaches, a right shoulder condition, low back condition, and cervical spine condition, the AOJ found that new and relevant evidence had been received and denied the claims on the merits. The Veteran filed a VA Form 10182 in April 2019 disagreeing with these determinations and electing a Direct Review of the evidence by the Board. The issues are remanded to correct a duty to assist error that occurred prior to the March 2019 rating decision on appeal. Specifically, prior to that decision, the Veteran identified relevant outstanding VA and private treatment records. In this regard, the Veteran has indicated that following his separation from active duty in January 2007, he started receiving treatment at the San Juan VA medical center. The Board has carefully reviewed the entire record and observes that the VA treatment records encompass a time period from 2000 to 2001, and then March 2013 through the present. There is a complete absence of any VA treatment records between 2001 and 2013, but the Veteran has indicated that he has received VA treatment during that time. See February 2015 Correspondence; November 2015 Notice of Disagreement; August 2016 Release; November 2016 Claim. Accordingly, a remand is required to allow VA to obtain those records. The Board notes that VA indicated in a January 2019 Report of General Information that there were no San Juan VAMC treatment records from January 1982 to June 2000. The Veteran also has stated that he has received regular psychiatric treatment from Dr. M.R. The only documents from Dr. M.R. are one-page statements indicating the Veteran’s diagnoses and the medications prescribed; however, no accompanying treatment records from Dr. M.R. are associated with the file or have been requested by the AOJ. The Veteran filed a release authorizing VA to do so in August 2016. See an August 2016 VA Form 21-4142a. A remand is required to allow VA to request these records. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records from the San Juan VAMC dated from November 2001 through March 2013. 2. Contact the Veteran and request that he submit relevant treatment records he has in his possession pertaining to psychiatric treatment from Dr. M.R. The Veteran may also authorize VA to request and obtain such records on his behalf upon completion of a VA Form 21-2142, Authorization and Consent to Release Information to the Department of Veterans Affairs. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Polly Johnson, 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.