Citation Nr: 21071208
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 11-12 054
DATE: November 30, 2021

REMANDED

Entitlement to an increase rating for posttraumatic stress disorder (PTSD) in excess of 70 percent prior to October 8, 2009, and since January 1, 2010, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from December 2001 to May 2002 and from June 2004 to May 2005.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2008 rating decision of a VA Regional Office (RO).  

In a September 2020 decision, the Board denied an initial rating in excess of 70 percent for PTSD prior to October 8, 2009 and from January 1, 2010.  The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In June 2021, the Court granted a Joint Motion for Partial Remand that vacated the Board's decision and remanded the matter to the Board for action consistent with the Joint Motion.  

The Joint Motion noted that relevant private treatment records are outstanding.  In July 2008, the Veteran informed a VA examiner that he was being treated by a private physician, Dr. Piccanini.  To date, no attempt has been made to obtain those treatment records.  A remand is required to allow VA to obtain authorization and request these records. 

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for treatment records from Dr. Piccanini.  Make two requests for the authorized records from Dr. Piccanini, unless it is clear after the first request that a second request would be futile.  

 

 

J. NICHOLS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Catherine Cykowski

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.