Citation Nr: 21063744
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 17-13 825
DATE: October 15, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent prior to March 21, 2020, for service-connected posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability evaluation based on individual unemployability due to service-connected disability (TDIU) prior to March 21, 2020, is remanded. 

REASONS FOR REMAND

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 decision, which granted service connection for PTSD and assigned a 30 percent rating effective August 24, 2014.  In February 2017, the Regional Office (RO) awarded an increased 50 percent rating retroactive to the original grant of service connection.  As less than the maximum rating available was assigned, the claim remains in appellate status.  AB v. Brown, 6 Vet. App. 35, 39 (1993).  In September 2021, the RO awarded an increased 100 percent evaluation effective March 21, 2020.  The issue on appeal has been recharacterized accordingly.  

The Veteran has argued that his unemployability is due to his service-connected PTSD.  Thus, a TDIU claim is raised under Rice v. Shinseki, 22 Vet. App. 447 (2009), and the matter is part of the increased rating claim on appeal.

The Veteran presented testimony before the Board in February 2021.  The transcript has been associated with the record.

It appears there may be outstanding relevant treatment and federal records.  A July 2014 letter from the Miami Vet Center, associated with the record in May 2015, reveals the Veteran was attending weekly treatment sessions for his PTSD.  Weekly treatment notes from the Vet Center have not been obtained.  In February 2021, the Veteran testified that he applied for Social Security Administration (SSA) disability benefits for his PTSD.  Records from SSA, to include any disability determinations and underlying medical records, have not been obtained.  A remand is required to allow VA to obtain authorization, if necessary, and request these records.

Finally, because a decision on the issue of increased rating for PTSD could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined.  A remand of the claim for TDIU is also required.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify dates of treatment at the Miami Vet Center and obtain the identified records.  If the Vet Center requires an authorization form to obtain records, notify the Veteran of this requirement and provide him VA Form 21-4142.  Make two requests for the authorized records from the Vet Center unless it is clear after the first request that a second request would be futile.  Document all requests for information as well as all responses in the claims file.

2. Obtain the Veteran's federal records from SSA, to include any disability determinations and underlying medical treatment records utilized to reach said decision.  Document all requests for information as well as all responses in the claims file.

3. If upon completion of the above action the claims remain denied, the matters must be returned to the Board 

 

after compliance with appellate procedures. 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.