Citation Nr: 21000942 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 97-34 767 DATE: January 6, 2021 REMANDED Entitlement to an initial increased rating for a psychiatric disorder, rated as noncompensable prior to November 7, 1996; 30 percent disabling from November 7, 1996 to August 22, 2003; and 100 percent disabling thereafter is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1967 to June 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for a psychiatric disorder and assigned the disability ratings reflected above. Entitlement to an initial increased rating for a psychiatric disorder, rated as noncompensable prior to November 7, 1996; 30 percent disabling from November 7, 1996 to August 22, 2003; and 100 percent disabling thereafter is remanded. In April 2018, the Board remanded this case for a retrospective opinion to specifically addressed the severity of the Veteran’s psychiatric symptoms for two periods: (1) prior to November 7, 1996, and (2) from November 7, 1996 to August 22, 2003. However, the VA examiner only addressed the record prior to 1999. The Board’s remand also instructed the AOJ to obtain relevant treatment records from Dr. O.C. and Hato Rey Psychiatric Hospital. The Veteran’s representative returned the VA form 21-4142 as requested by the RO. See September 2018 Subsequent Development Letter and November 2018 Letter. However, no attempts were made to obtain these medical records and associate them with the claims file. A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the Board’s remand order. See Stegall v. West, 11 Vet. App. 268, 270-71 (1998). Therefore, in accordance with Stegall, remand for full compliance with the Board's prior remand is warranted. The matters are REMANDED for the following action: 1. Attempt to obtain and associate with the claims file any outstanding private treatment records for the period prior to August 22, 2003. Specifically, attempts should be made to obtain the Veteran’s relevant records from Dr. O.C. and Hato Rey Psychiatric Hospital. All efforts to obtain the records should be noted for the record, and if any of the records are unable to be obtained, notify the Veteran and his attorney in accordance with 38 C.F.R. § 3.159 (e). 2. Obtain an addendum opinion from the VA examiner who provided the January 2020 medical opinion. The claims file along with a copy of this remand should be made available to and reviewed by the examiner. The VA examiner is asked to provide a retrospective medical opinion as to the nature, extent, and severity of the Veteran’s psychiatric disorder for the period from November 7, 1996 to August 22, 2003. The opinion should specifically discuss the Veteran’s competent claims regarding his adverse symptomatology. The examination report must include a complete rationale for all opinions expressed MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Smith, 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.