Citation Nr: 21064144 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 17-40 421 DATE: October 19, 2021 REMANDED Entitlement to a rating in excess of 30 percent before March 1, 2016, for PTSD is remanded. Entitlement to service connection for a rating in excess of 50 percent from March 1, 2016, to March 22, 2020, for PTSD is remanded. Entitlement to a rating in excess of 70 percent from March 23, 2020 to March 7, 2021, for PTSD is remanded. Entitlement to total disability based upon individual unemployability (TDIU) before March 8, 2021 is remanded. Entitlement to an effective date before December 16, 2010, for service connection for PTSD is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1964 to August 1968 including service in the Republic of Vietnam. He has been awarded the Purple Heart Medal. This matter is before the Board of Veterans' Appeals (Board) on appeal of a November 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2020, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is in the record. In October 2020, the Board issued a decision denying the Veteran's claims. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 order, the Court vacated and remanded the Board's decision for compliance with the instructions in the Joint Motion. During the pendency of the appeal, in an April 2021 rating decision, the RO increased the rating for PTSD from 70 percent to 100 percent, effective March 8, 2021. As the Veteran now receives the maximum amount allowed for PTSD, the period from March 8, 2021, to the present is excluded from the Board's analysis. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law created a new framework for Veterans dissatisfied with the VA decision on their claim to seek review. The Board notes that the increased rating claims for PTSD and TDIU were filed and appealed to the Board under the prior system, also known as the Legacy Appeals System. While the Veteran's claims were on appeal to the Court, the Veteran filed an AMA supplemental claim (20-0995) for a rating greater than 70 percent stating the supplemental claim is based upon an October 2020 rating decision. In March 2010, the Veteran filed another 20-995 for the denial of the TDIU in the 17 November 2020 rating decision. Stated another way, the Veteran filled supplemental claims under the AMA. As the Rating Decision on appeal was issued prior to implementation of the AMA on February 19, 2019 and the Veteran did not opt-in to VA's AMA test program, the Rapid Appeals Modernization Program (RAMP) or file a new claim VA Form 526 EZ for the PTSD rating, the Board finds that the issues of the appropriate ratings for PTSD and entitlement to TDIU remain before the Board under the Legacy Appeals System. 1. Entitlement to a rating in excess of 30 percent before March 1, 2016, for PTSD is remanded. 2. Entitlement to service connection for a rating in excess of 50 percent from March 1, 2016, to March 22, 2020, for PTSD is remanded. 3. Entitlement to a rating in excess of 70 percent from March 23, 2020 to March 7, 2021, for PTSD is remanded. 4. Entitlement to total disability based upon individual unemployability (TDIU) before March 8, 2021 is remanded. With apologies to the Veteran, the Board finds a remand is necessary for further development. After the Board's October 2020 decision, a March 2021 document indicates the Veteran is receiving Social Security Administration disability benefits. The document indicates the Veteran's benefits became effective August 2010. Pursuant to section 3.159(c) of Title 38 of the Code of Federal Regulations, VA has a duty to assist a veteran in obtaining evidence in the custody of a Federal department or agency, as well as evidence not in the custody of a Federal department or agency, when such evidence is pertinent to a veteran's claim. 38 C.F.R. § 3.159. The Social Security Administration records may contain medical records and evaluations that are not currently in the Veteran's VA claims file. The Board has determined that the records are relevant and there is a reasonable possibility that the records could help substantiate the claim. Accordingly, a remand is necessary to have the Social Security Administration records associated with the Veteran's VA claim file. See Golz v. Shinseki, 590 F.3d 1317, 1322 (Fed. Cir. 2010) (discussing records from the Social Security Administration). 5. Entitlement to an effective date for service connection before December 16, 2010, is remanded. As noted, the Veteran disagrees with ratings assigned for PTSD. In n his June 2014 notice of disagreement, however, the Veteran expressed disagreement not only to the PTSD rating, but also disagreement to the effective date of service connection, currently December 16, 2010. The July 2017 Statement of the Case did not address whether the Veteran is entitled to an earlier effective date for service connection for PTSD. The Veteran again raised the issue in his Substantive Appeal (VA Form 9). Nevertheless, no other Statement of the Case has been issued addressing the earlier effective date issue. The Board recognizes that the RO has recently issued a June 2021 rating decision addressing the earlier effective date claim. The issue, however, is already in appellate status because of the Veteran's June 2014 notice of disagreement. Therefore, the claim for an effective date before December 16, 2010, must be remanded so that a Statement of the Case can be issued. Manlicon v. West, 12 Vet. App. 238, 240-41 (1999). The matters are REMANDED for the following action: 1. Request all relevant records from the Social Security Administration, to include medical records used in deciding any claim for disability benefits. 2. Furnish the Veteran and his attorney a Statement of the Case on the issue of an effective date before December 16, 2010, for service connection for PTSD. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Russell P. Veldenz, 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.