Citation Nr: 21001722 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 15-41 600 DATE: January 11, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for other specified trauma and stressor-related disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1970 to January 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2016, the Veteran testified at a hearing at the RO before a Decision Review Officer (DRO). In February 2019, the Veteran testified at a videoconference hearing before the undersigned. Copies of the transcripts of both hearings have been associated with the claims file. During the pendency of the appeal, a March 2017 rating decision granted an increased 30 percent rating for other specified trauma and stressor-related disorder, effective December 11, 2014. See March 2017 Rating Decision – Narrative. As this rating is not the maximum allowable, the issue remains on appeal. AB v. Brown, 6 Vet. App. 35 (1993). This matter was previously before the Board in March 2019, when it was remanded for additional development. Entitlement to an initial rating in excess of 30 percent for other specified trauma and stressor-related disorder is remanded. The Board finds that additional development is needed before the Veteran’s claim can be decided, as the Board finds that VA did not substantially comply with the March 2019 Board remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). As noted above, the Board remanded the issue on appeal in March 2019. Specifically, the Board instructed the RO to secure any necessary release from the Veteran and to obtain treatment records from the Veteran Center in Connecticut for the period from 2014 through 2016, as well as updated VA treatment records. The RO was further instructed to obtain a VA examination to address the current nature and severity of the Veteran’s service-connected trauma and stressor related disorder after completing the above-mentioned development. See March 2019 BVA Decision. After a review of the evidence of record, the Board notes that the requested Veteran Center records have not been obtained, and it does not appear that the AOJ has attempted to obtain such records. In this regard, the Board notes that no efforts were made to obtain the identified treatment records, to include contacting the Veteran to provide the necessary releases, as requested. Further, as noted above, the RO was instructed to obtain a VA examination after outstanding treatment records were obtained. Based on the foregoing, the Board finds that there is insufficient evidence of record to conclude that the AOJ complied with the Remand directive. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998) (remand by the Board confers on the Veteran, as a matter of law, a right to compliance with the remand instructions, and imposes upon VA a duty to ensure compliance with the remand). Accordingly, the Board finds that a remand is warranted to obtain any outstanding treatment records from the Veteran Center dated from 2014 through 2016, as well as any other outstanding treatment records. Thereafter, if any such records are obtained, the claims file should be returned to an examiner in order to obtain an addendum to the October 2019 VA examination to determine the current nature and severity of the Veteran’s service-connected other specified trauma and stressor-related disorder. The matter is REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran’s VA treatment facilities, and all private treatment records from the Veteran not already associated with the file, to include any medical records from the Veteran Center in Connecticut dated from 2014 through 2016. 2. If, and only if, additional treatment records are obtained, refer the Veteran’s claims file for an addendum to the October 2019 VA examination to determine the current severity of his service-connected trauma and stressor related disorder. (Continued on the next page)   The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his trauma and stressor related disorder. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Justis, Attorney-Advisor 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.