Citation Nr: 21074211
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 17-34 342
DATE: December 14, 2021

REMANDED

Entitlement to a compensable evaluation for posttraumatic stress disorder (PTSD) prior to September 6, 2016, is remanded.

Entitlement to an evaluation in excess of 50 percent for PTSD, on or after September 6, 2016, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1953 to June 1981.  His awards and decorations include the Combat Action Ribbon and the Purple Heart with Oak Cluster.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In April 2021, the Board remanded these matters along with several other appeal issues.  In June 2021, the Veteran withdrew all of this appeals except for the issue of an increased rating for PTSD.  Thus, the issues listed above are the only issues remaining in appellate status.

This appeal is advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c) (2019); 38 U.S.C. § 7107 (a)(2) (2012).

1. Entitlement to a compensable evaluation for posttraumatic stress disorder (PTSD) prior to September 6, 2016, is remanded.

2. Entitlement to an evaluation in excess of 50 percent for PTSD, on or after September 6, 2016, is remanded.

The Veteran's file contains evidence he may be receiving Social Security Administration (SSA) disability benefits. See February 2021 SSA Profile and Benefit Data. The Veteran's claims file does not contain any SSA medical records. As the SSA records could be relevant to the Veteran's claim, the AOJ should attempt to obtain these records. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).

The matters are REMANDED for the following action:

Obtain the Veteran's disability benefit records from the Social Security Administration, to include the underlying medical records upon which any determination was made. Document all requests for information as well as all responses in the claims file. If the records cannot be obtained, provide the Veteran notice of the inability to obtain the records in accordance with 38 C.F.R. § 3.159(e)(1).

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Zachery S.C. Luce, 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.