Citation Nr: 21070511
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 16-56 700
DATE: November 24, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from June 2001 to March 2007.  He served in Iraq and Afghanistan and was awarded the Combat Action Badge.  

Entitlement to an increased rating in excess of 50 percent for PTSD is remanded.  

In its June 2021 Remand instructions, the Board of Veterans' Appeals (Board) directed that the Agency of Original Jurisdiction should "associate with the claim file all outstanding records from the El Paso Vet Center for treatment dating back to at least 2010."  

The requested action was not conducted.  The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matter is REMANDED for the following action:

Take appropriate action to obtain the clinical documentation associated with the Veteran's treatment at the El Paso Vet Center.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.