Citation Nr: 21001209 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 17-51 880 DATE: January 7, 2021 REMANDED Entitlement to an effective date prior to July 11, 2007, for a 100 percent rating for an acquired psychiatric disability is remanded. Entitlement to a total disability rating based on individual unemployability due to a service-connected acquired psychiatric disability (TDIU) prior to July 11, 2007, is remanded. REASONS FOR REMAND The Veteran had active service from September 1967 to May 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision issued by the Department of Veterans Affairs (VA) Appeals Management Center (AMC). In August 2020, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In January 2015, the Board granted an earlier effective date of January 2, 1978, for the grant of service connection for an acquired psychiatric disability. In February 2015, the AMC implemented that decision and assigned a 30 percent rating effective January 2, 1978, and a 100 percent rating effective July 11, 2007. The Veteran appealed, arguing that he is entitled to a 100 percent rating and/or TDIU back to 1978. A statement of the case (SOC) was issued in August 2017; however, the Agency of Original Jurisdiction (AOJ) did not address the issue of entitlement to an effective date prior to July 11, 2007, for a 100 percent rating for an acquired psychiatric disability. Because the notice of disagreement (NOD) with respect to that issue remains unprocessed, a remand is necessary for issuance of a SOC. See Manlincon v. West, 12 Vet. App 238, 240-241 (1999). During a December 2009 VA examination, the Veteran reported that he received weekly counseling from 1976 to 1981 at a VA facility in Boston. In July 1979, the AOJ requested and received VA treatment records dated from June 1976 to December 1978; however, the Veteran indicated that records were missing and did not reflect that he received counseling on a weekly basis. Based on the foregoing, the Board finds that a remand is necessary to obtain any outstanding VA treatment records dated from 1976 to 1981. Review of the record also shows that the AOJ requested the Veteran’s records from the Social Security Administration (SSA); however, the AOJ listed the wrong social security number on the request form. In April 2017, the SSA responded, noting that VA’s request needed to be resubmitted because the name did not match the social security number. No further action was taken. Therefore, the Board finds that a remand is necessary to obtain any outstanding SSA records. The matters are REMANDED for the following action: 1. Issue a SOC on the issue of entitlement to an effective date prior to July 11, 2007, for a 100 percent rating for an acquired psychiatric disability. Inform the Veteran of the requirements to perfect an appeal of that issue. If the Veteran perfects an appeal, return the case to the Board. 2. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file, to include VA treatment records dated from 1976 through 1981. 3. Identify and obtain any pertinent, outstanding SSA disability benefits records and associate them with the claims file. 4. Then, readjudicate the issue on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mishalanie, 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.