Citation Nr: 21065466 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 16-13 953 DATE: October 26, 2021 REMANDED From April 29, 2014 to December 23, 2019, entitlement to a rating in excess of 30 percent for a service-connected posttraumatic stress disorder (PTSD) disability is REMANDED. From April 29, 2014 to December 23, 2019, entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is REMANDED. REASONS FOR REMAND The Veteran served honorably in the United States Navy from August 1970 to January 1978. Upon review of the record, the Board concludes that further evidentiary development is necessary. Although the Board sincerely regrets this delay and is appreciative of the Veteran's service to his country, a remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing his claims prior to final adjudication. From April 29, 2014 to December 23, 2019, entitlement to a rating in excess of 30 percent for a service-connected posttraumatic stress disorder (PTSD) disability and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded. On April 29, 2015, the Veteran submitted a VA Form 21-526EZ. Therein, the Veteran initiated claims for service connection for Anxiety and Panic Disorder. In August 2015, the agency of original jurisdiction (AOJ) granted service connection for PTSD with a disability rating of 10 percent. The AOJ assigned April 29, 2014 as the effective date, which is one year prior to the date the Veteran filed his claim. In March 2016, the AOJ issued a decision that increased the Veteran's PTSD disability rating to 30 percent, effective April 29, 2014. In July 2020, the Board considered the Veteran's claim for an increased rating for the service-connected PTSD disability. At that time, the Board found that the preponderance of the evidence stood counter to the Veteran's claim for a rating in excess of 30 percent for a service-connected PTSD disability between April 29, 2014 and December 23, 2019. The Board also remanded the Veteran's claim for TDIU, noting that the period on appeal mirrored the appellate period for the increased rating claim for the service-connected PTSD disability. In September 2020, the agency of original jurisdiction (AOJ) issued a rating decision. Therein, the AOJ granted the Veteran's claim for a TDIU rating, effective December 23, 2019. In June 2021, the Court of Appeals for Veterans' Claims (Court) granted a joint motion for partial remand (JMPR). In doing so, the Court vacated the Board's denial for a rating in excess of 30 percent for the service-connected PTSD disability between April 29, 2014 and December 23, 2019. The Court relayed that, "the parties note that records from the Omaha, Nebraska, VA Medical Center include Mental Health Community Care-Consult Result NE with a date of note listed as May 31, 2018, and an entry date of August 5, 2018, which states 'See attached images to view Community Care Mental Health records.' . . . the attached images do not appear to be part of Appellant's claims file. On remand, the Board should ensure that the duty to assist has been fulfilled with respect to the images of the Community Care Mental Health records." In September 2021, the Veteran's representative submitted an Informal Hearing Presentation. Therein, the representative relayed that the Veteran maintained that he was entitled to a TDIU rating prior to December 23, 2019. The Board notes that, ultimately, the disposition of the TDIU claim may depend upon the outcome of the Veteran's claim for entitlement to a rating in excess of 30 percent for the service-connected PTSD between April 29, 2014 and December 23, 2019. See Parker v. Brown, 7 Vet. App. 116 (1994) and Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when a decision on one issue would have a "significant impact" on a veteran's claim for the second issue). Thus, the Board must defer appellate review of the TDIU claim pending adjudication of the claim for a rating in excess of 30 percent for the service-connected PTSD during the claim period, April 29, 2014 to December 23, 2019. Consequently, the matters are REMANDED to the agency of original jurisdiction (AOJ) for the following actions: 1. The AOJ must obtain the outstanding Community Care Mental Health records and associate them with the Veteran's claims file. 2. The AOJ should also contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from VA, Federal, or private health care providers during the claim period, April 29, 2014 to December 23, 2019. With the Veteran's assistance obtain copies of any pertinent records and add them to the claims file. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c). If VA attempts to obtain any outstanding pertinent records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e). 3. Thereafter, the AOJ should return the Veteran's claims to the Board for additional appellate review. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.