Citation Nr: 21070304
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 19-22 398
DATE: November 23, 2021

REMANDED

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

Entitlement to an initial rating in excess of 10 percent for diabetes mellitus, type II is remanded. 

Entitlement to service connection for vertigo is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1965 to July 1985.   

This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board finds that additional development is required before the claims on appeal may be decided.    

In his July 2019 substantive appeal, the Veteran specifically requested a local hearing before a Decision Review Officer.  There is nothing in the record to indicate that this hearing was ever scheduled or that the hearing request was ever withdrawn.  The Veteran is entitled to a hearing at any time on any issue involved in a claim. See 38 C.F.R. § 3.103(c). Because the Veteran has not yet been afforded the Decision Review Officer hearing he has requested, a remand is necessary.  

The matters are REMANDED for the following action:

1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal.  After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records from March 2021 to present.   

For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in his possession. 

For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e).

2. The Agency of Original Jurisdiction (AOJ) should schedule the Veteran for a hearing before a Decision Review Officer (DRO).  The parties should be notified in writing of the date, time, and location of the hearing.  After the hearing is conducted, or if the Veteran withdraws the hearing request or fails without good cause to report for the scheduled hearing, the claims file should be returned to the Board in accordance with appellate procedures.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher O'Donnell, 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.