Citation Nr: 21003715 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 17-44 264 DATE: January 22, 2021 REMANDED Entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2003 to November 2008 in the U.S. Navy, and from November 2008 to September 2012 in the U.S. Army. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO). In December 2018 and in August 2020, the Board remanded the Veteran’s claim. Entitlement to a TDIU. Via his representative, the Veteran contends that there has not been substantial compliance with the August 2020 Board remand instructions. See Appellate Brief (December 2020). The Veteran has asserted that he has been unable to keep any gainful employment since separation from service mainly due to his service-connected posttraumatic stress disorder (PTSD), severe anxiety, panic attacks and feelings of being confined. See Form 9 (August 2017). He also stated that he is unable to meet physical demands of standing on his feet due to his service-connected back, shoulder and knee disabilities. Id. Unfortunately, the Board must remand this case for further development. While the case was returned to the Board, it is apparent, after review of the claims file, that there has not been substantial compliance with the Board’s August 2020 remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998) (substantial compliance with the Board’s previous remand directives is required). The Veteran is service-connected for PTSD (70%), left shoulder strain (20%), thoracolumbar spine degenerative disc disease (10%), left knee instability (10%), and left knee strain (10%). His combined rating is 80 percent beginning in May 2015 (setting aside the temporary total rating from September 18, 2015 to November 1, 2015). In December 2018 and again in August 2020, the Board remanded the Veteran’s claim to obtain outstanding Vocational Rehabilitation (VRE) records as well as school records. Subsequent to the remand, no additional VRE records have been associated with the file. The request response dated in October 2020 with regard to VRE records suggests that these records may be located at St. Petersburg VRE. See Email Correspondence (October 2020). The request response in October 2020 from St. Petersburg VRE shows that the school records were scanned. See Email Correspondence (October 2020). This response is silent as to VRE records, specifically. Moreover, as the Board previously noted, the available school records are incomplete. Thus, even if no post-2018 school records exist, complete records prior to 2018 have not been associated with the Veteran’s file. As stated in the prior remand, the available VRE records show that the Veteran reported that VA was paying GI bill to Keiser University with classes in culinary arts starting in August 2015. See VR&E-General (June 2017). The record also shows a program in hospitality management at Florida State University, suggesting that the Veteran may have participated in that program. Id. Lastly, no inquiries with the Veteran have been made, and he has not been notified that his records may be incomplete and that he has the opportunity to submit them. Consequently, the Veteran’s VRE and school attendance records remain incomplete. In the August 2020 remand, the Board requested that outstanding VA and private treatment records are obtained. However, the Board’s request has not been completed. See Stegall, supra; Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016) (the Federal Circuit held that 38 C.F.R. § 3.159 (c)(3) extends VA’s duty to assist in obtaining sufficiently identified VA medical records, regardless of their relevance). Specifically, the Board requested records from Malcolm Randall VA Medical Center. The Board also requested records from Tallahassee Vet Center, because the available evidence showed that the Veteran was seen there. These records have not been associated with the Veteran’s file and no request for these records has been made after the Board’s August 2020 remand. Furthermore, with regard to private treatment records, the Veteran has not been provided with VA 21-4142 Authorization for Release of Information for release of these records as Development Letters sent in August 2020 and September 2020 were mailed to the Veteran’s old address. The Board notes that these private treatment records are relevant to the Veteran’s claim, to include those from Emerald Coast Behavioral Hospital. The Veteran previously authorized release of those records in March 2017, and some of those records are part of his Social Security Administration records. September 2015 discharge orders consisting of one page from Emerald Coast Behavioral Hospital are also contained in the file. As the Veteran’s address was updated in October 2020, another Development Letter with VA Form 21-4142 should be mailed to his new address. Given the lack of substantial compliance with the Board’s prior directives, the matter must be remanded again. See Stegall, supra. The matter is REMANDED for the following action: 1. Obtain all VA treatment records from Malcolm Randall VA Medical Center as well as all VA treatment records from October 2020 to the Present. 2. Obtain all Vet Center records as there is an indication of past treatment at Tallahassee Vet. Contact the Veteran if more information is needed. See CAPRI at 12 (September 2019). 3. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for his PTSD, back disability, left shoulder disability, and left knee disability, to include records from Emerald Coast Behavioral Hospital. Make two requests for the authorized records from identified sources, unless it is clear after the first request that a second request would be futile. Please note the Veteran’s current address and mail any correspondence to the Veteran at his most recent address of record. 4. Obtain the Veteran’s complete vocational rehabilitation records and information related to school attendance, including from Keiser University and Florida State University. If no records are obtained, notify the Veteran of such and allow him the opportunity to submit thee records. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. M. Pesin 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.