Citation Nr: 21061430 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 15-14 267 DATE: October 4, 2021 REMANDED Entitlement to a rating in excess of 50 percent from December 9, 2011 to July 19, 2017 for posttraumatic stress disorder (PTSD) and alcohol use disorder is remanded. Entitlement to a rating in excess of 70 percent since July 19, 2017 for the PTSD and alcohol use disorder also is remanded. REASONS FOR REMAND In a prior April 2020 decision, the Board denied a rating higher than 50 percent for the PTSD and alcohol use disorder from December 9, 2011 to July 19, 2017 but granted a higher 70 percent for this disability as of July 19, 2017, though denied any greater rating since. The Board instead remanded a derivative claim for a total disability rating based on individual unemployability (TDIU) back to the local Regional Office (RO) (i.e., Agency of Original Jurisdiction (AOJ)) for further development and consideration. However, another Board decision since issued in April 2021 denied this derivative TDIU claim. Meanwhile, the Veteran had appealed the denial of higher ratings for his PTSD and alcohol use disorder both prior to and since July 19, 2017 to the higher U. S. Court of Appeals for Veterans Claims (Veterans Court/CAVC). In a March 2021 Order, the Court vacated the Board's decision denying higher ratings for the PTSD and alcohol use disorder prior to and since July 19, 2017 and remanded these claims back to the Board for readjudication pursuant to agreement in a Joint Motion for Partial Remand (JMPR). The JMPR agreed that the Board had erred in adjudicating these claims without the benefit of the transcript of the Veteran's June 2018 hearing before this Board being associated with the file. The hearing transcript is now of record, however. It also was agreed in the JMPR that, in January 2014, the Veteran had authorized VA to obtain records from the Shreveport Vet Center from "2009 to [the] present" and indicated he also had received treatment at the Rapides Parish Vet Center beginning in April 2014. Although some records (such as from 2016 and 2017) have been obtained and associated with the claims file, other records may exist that also may be pertinent to this claim. Thus, VA must make reasonable efforts to assist the Veteran in obtaining all Vet Center records. The Board sees that the April 2014 Counseling Services, Inc. (CSI) letter cited in the JMPR explains that CSI had a contract with the Shreveport Vet Center through March 2014, and that a new contract through the Rapides Parish Vet Center allowed the Veteran to continue receiving treatment with CSI. Thus, the Board is unsure whether the records are maintained at the same facility CSI or at the individual Vet Centers. In any event, attempts must be made to obtain these additional records since relevant to this claim for higher ratings for the PTSD and alcohol use disorder. All updated VA clinical records also must be obtained and associated with the claims file so that they, too, may be considered in deciding this appeal. At present, the most recent record is from September 2020, so from over a year ago. Because the judge that presided over the Veteran's prior hearing since has retired from the Board, in January 2021, the Board duly informed the Veteran that he consequently was entitled to another hearing before a different judge that would ultimately decide this appeal. However, the Veteran did not elect to have another hearing. See March 2021 correspondence. Accordingly, this claim is REMANDED for the following action: 1. Ask the Veteran to complete an authorization form (VA Form 21-4142) so VA may obtain the records of the mental health counseling he has received through the Shreveport Vet Center from 2009 to April 2014 and through the Rapides Parish Vet Center from April 2014 to the present. (These records may be maintained by Counseling Service, Inc., or the individual Vet Centers.) If he provides this necessary authorization, obtain these additional records. Document all requests for these additional records as well as all responses in the claims file and appropriately notify him and his representative if unable to obtain these additional records. 2. Also obtain the Veteran's VA treatment records for the period from September 2020 to the present. KEITH W. ALLEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Wishard 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.