Citation Nr: 21071182 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 16-41 008A DATE: November 30, 2021 REMANDED Entitlement to a rating in excess of 50 percent disabling, prior to July 18, 2019, for posttraumatic stress disorder (PTSD), is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1969 to March 1972. This appeal was most previously before the Board in July 2021. The Board noted that a May 2020 rating decision increased the Veteran's rating for PTSD to 100 percent, effective July 18, 2019. Therefore, only the increased rating claim for the period prior to July 18, 2019, remains on appeal because the grant of a 100 percent rating is considered a full grant of benefits sought on appeal. The Board also noted that the issue of a TDIU was raised by the record. Rice v. Shinseki, 22 Vet. App. 447 (2009). Entitlement to a rating in excess of 50 percent, prior to July 18, 2019, for PTSD is remanded. Entitlement to TDIU is remanded. The July 2021 Board decision remanded the increased rating claim for PTSD to ensure there was a complete record upon which to decide the appeal. The July 2021 Board decision noted that in October 2019, the Board remanded this claim to obtain outstanding private treatment records. The Board noted that the Veteran submitted a VA Form 21-4142 in May 2016. In response to the VA's request for private treatment records in December 2019, the Veteran resubmitted the May 2016 VA Form 21-4142. The Board noted that this authorization form had expired, and VA could not request the Veteran's private treatment records and found that a new VA Form 21-4142 was required. The July 2021 Board decision remanded the issues so that the regional office (RO) could request that the Veteran provide the names and addresses of the health care providers who have provided treatment related to the issues on appeal. The RO was also asked to specifically request that the Veteran submit a new VA Form 21-4142, explaining that the one he previously submitted was no longer valid. Pursuant to the July 2021 Board remand directives, VA sent the Veteran correspondence, which asked him to provide the names and addresses of all health care providers who have provided treatment for the disorders on appeal. The correspondence also informed him the previously submitted VA Form 21-4142 was no longer valid. The Veteran did not immediately respond to the request, and the RO issued the August 2021 supplemental statement of the case (SSOC), denying the increased rating claim for PTSD and the TDIU claim. However, in October 2021, the Veteran provided a new VA Form 21-4142, with the requested information, but the signature page did not appear to be included. A subsequent VA memo showed that a medical records request showed that the provided form did not meet the criteria for action because it was missing a page. The Board notes that the RO complied with the July 2021 Board remand directives. They contacted the Veteran and asked him to provide the information requested by the Board remand. They then issued a SSOC, adjudicating the claims with the evidence of record. Finally, they attempted to request the private treatment records when the Veteran submitted the new VA Form 21-4142, in October 2021. However, the Veteran's form was missing a page, the signature page, and the RO was therefore unable to obtain those private records. As such, the Board finds that there has been substantial compliance with the July 2021 Board remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Regardless, the Board finds that the outstanding treatment records could be highly beneficial in adjudicating the Veteran's claim for a rating in excess of 50 percent, prior to July 18, 2019, and for TDIU. Here, the two previous Board decisions found that it was necessary to obtain those outstanding treatment records. The Veteran attempted to submit a completed VA Form 21-4142, giving authorization to obtain his private treatment records, but the second page either was not submitted, or was not associated with the claims file due to technological errors. The Board finds that remand is necessary to allow the RO to work with the Veteran in obtaining his outstanding mental health treatment records because they could contain evidence that his beneficial to his claims. Consistent with the July 2021 Board decision, the Board finds that the claim for a TDIU is inextricably intertwined with the increased rating claim for PTSD. The matters are REMANDED for the following action: 1. Work with the Veteran to complete a VA Form 21-4142, with the medical providers contained in the incomplete VA Form 21-4142, received on October 14, 2021. 2. After obtaining the necessary contact information and authorization from the Veteran, please request private treatment records that pertain to the Veteran's PTSD; and associate them with the claims file. The RO should make at least two attempts to obtain the records from the identified sources. If the records do not exist or further attempts to obtain the records would be futile, make a formal finding of unavailability, and notify the Veteran in accordance with 38 C.F.R. § 3.159(e). Further, after he is informed, he should also be notified that he is able to submit any copies he has in his possession. J. Kirby Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Fu, 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.