Citation Nr: 21002571 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 15-26 342 DATE: January 14, 2021 REMANDED Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served honorably on active duty in the United States Army from October 1964 to October 1967. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by a VA Regional Office (RO). The Veteran died in December 2017. Since that time, the Veteran’s widow has been substituted as the Appellant. The Board notes, the Veteran originally requested a live teleconference hearing along with the filing of his VA Form 9 substantive appeal in July 2015. In the interim, the Veteran passed away in December 2017 without ever having the opportunity to attend the requested hearing. Nevertheless, once the Appellant was substituted, the VA attempted to schedule a Board hearing. The first such hearing was set for April 2019. This hearing was ultimately postponed, and a new hearing was scheduled for December 2019 where the Appellant was noted as a “no show”. The notices of these hearings were sent to the correct address of the Appellant with no reports of returned mail in the claims file nor requests to change her address. To date, the Appellant has not shown good cause for her "no show," nor requested a new Board hearing. Accordingly, the Board considers the hearing request to be withdrawn. 38 C.F.R. § 20.704 (d). Nonetheless, the Board finds a remand is necessary for the VA treatment records of the Veteran are missing and incomplete. The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on the Department of Veterans Affairs (VA) to provide claimants with notice and assistance. 38 U.S.C. §§ 5102, 5103, 5103A, 5107, 5126 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a). Here, the Board finds that the duties to notify and assist have not been met. As indicated above, the Veteran passed away in December 2017. However, the most recent VA treatment record in the claims file is dated February 2016. This record was only a prescription profile and did not contain any medical notes or reports. Otherwise, the last full medical record of the Veteran dates back to November 2015. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal. Therefore, a remand is required to obtain the outstanding medical records from November 2015 up to the date of the Veteran’s death in December 2017. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the deceased Veteran’s claims and to afford him every possible consideration. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from November 2015 up to the date of the Veteran’s death in December 2017. 2. After the above development, and any other development deemed necessary, to include obtaining a VA medical opinion regarding the severity of the Veteran's psychiatric disability prior to his death if deemed appropriate, readjudicate the claims. If the benefits sought on appeal remain denied, the Appellant and her representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. F. Minnitte, 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.