Citation Nr: 21068970
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-48 639
DATE: November 17, 2021

REMANDED

Entitlement to service connection for residuals of a right hand fracture is remanded.

Entitlement to an evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

This matter was recently before the Board of Veterans' Appeals (Board) in January 2021 and remanded for further development and adjudication.  Unfortunately, there has not been substantial compliance with the Board's previous remand directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

Notably, the RO was to obtain records of any inpatient tratment for a fracture to the right hand, to include at Air Force Hospitals during periods of deployment to Iraq from January 2005 to January 2006 and from March 2007 to April 2008. These records were most recently requested in January 2021; however, a May 2021 response indicated that it was "sent ORU for C/R search."  To date no further response and/or records has been received.  The RO was also to schedule the Veteran for an examination to determine the current severity of his PTSD. To date this has not been completed. Consequently, another remand is required.

The Board notes that additional VA and private treatment records have been associated with the claims folder pursuant to the January 2021 Board remand directives.  Once the development above has been completed, readjudication of these issues must include review of these records.  38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

1. Obtain records of any inpatient treatment of a fracture to the right hand, to include Air Force hospitals, during his periods of deployment to Iraq from January 2005 to January 2006 and from March 2007 to April 2008.  Document all requests for records as well as all responses in the claims file. Notably, the RO must document whether the May 2021 "sent ORU for C/R search" has been completed. 

2.   Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms.  To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to PTSD alone.

3. Then, after undertaking any development deemed necessary in addition to that specified above, to include examination of the right hand, the RO should readjudicate the issues in light of the evidence of record, to include VA and private treatment records obtained pursuant to January 2021 Board remand and since the August 2017 and February 2018 statements of the case 

 

were issued. If necessary, return the issues 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.