Citation Nr: 21064984
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 17-24 778
DATE: October 22, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent prior to June 10, 2013, and a rating in excess of 70 percent from June 10, 2013, for service-connected posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active service in United States Army from December 1965 to October 1967.  

This case comes to the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which is the Agency of Original Jurisdiction (AOJ).  The Veteran expressed timely disagreement with the AOJ's determination, and the present appeal ensued.

In December 2019, the Veteran testified at a hearing conducted by a Veterans Law Judge (VLJ).  In February 2020, the Board sent notice to the Veteran that the VLJ who conducted his Board hearing was no longer employed by the Board.  In accordance with 38 C.F.R. § 19.3(b) the Veteran was afforded an additional opportunity to have a Board hearing before another VLJ.  However, the Veteran declined an additional hearing.  

The Veteran's claim was previously before in the Board in January 2020 and April 2021 for additional development.  

Entitlement to an initial rating in excess of 30 percent prior to June 10, 2013, and a rating in excess of 70 percent from June 10, 2013, for service-connected PTSD is remanded.

As previously discussed in the April 2021 remand, the Veteran was provided a new VA examination in August 2020.  The examiner noted that the Veteran attended group meetings at the local VA Vet Center on a bimonthly basis.  The examiner stated the records were not available to review.  The Board instructed the AOJ to obtain the records from the Vet Center.  Although attempts were made to obtain the records, the only response the AOJ received from the Vet Center was a statement in support of the Veteran, provided by a clinician.  No response was received from the Vet Center regarding the availability of the Veteran's treatment records.

As the Vet Center records are considered to be in VA's constructive possession, the identified records must be associated with the record.  Bell v. Derwinski, 2 Vet. App. 611 (1992).  Additionally, as these records are considered to be federal records, a remand is warranted to obtain them.  38 C.F.R. § 3.159(c).

The matters are REMANDED for the following action:

Obtain all of the Veteran's records from the VA Vet Center and associate them with the appellant's file following the procedures set forth in 38 C.F.R. § 3.159(c).  If any identified and requested records are not available, or if the search for any such records otherwise yields negative results, that fact should clearly be documented in the file, and the appellant should then be informed in writing pursuant to 38 C.F.R. § 3.159(e).

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. W. Morgan, Associate 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.