Citation Nr: 21074447 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-39 412 DATE: December 15, 2021 ORDER The petition to reopen the claim of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is granted. REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. Entitlement to an increased rating higher than 30 percent for the service-connected allergic sinusitis with headaches is remanded. FINDINGS OF FACT 1. The AOJ denied the Veteran's claim of service connection for insomnia and a nervous disorder in a June 2011 rating decision. He did not file a Form 9 following the April 2013 Statement of the Case, and the decision became final. 2. Since June 2011, the Veteran has submitted evidence of a current psychiatric disorder. CONCLUSIONS OF LAW 1. The June 2011 rating decision denying the claim of service connection for insomnia and a nervous disorder is final. 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. 2. The criteria for reopening the claim of service connection for an acquired psychiatric disorder, to include PTSD, have been met. 38 U.S.C. §§ 5103A, 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1979 to August 1982. The matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision. In August 2021, the Veteran had a hearing before the undersigned. 1. The petition to reopen the claim of service connection for an acquired psychiatric disorder, to include PTSD, is granted. The Veteran filed his initial claim of service connection for insomnia and a nervous disorder in June 2010 and the RO denied his claims in a June 2011 rating decision because there was no evidence of a current disability. The Veteran did not file a Form 9 following the April 2013 Statement of the Case, and it became final. See 38 C.F.R. § 20.1103. In May 2014, the Veteran filed a petition to reopen the claim of service connection for an acquired psychiatric disorder, to include PTSD, and the RO denied his claim in April 2015. Since the June 2011 decision, the Veteran has submitted evidence of a current psychiatric disability. New and material evidence having been received, the petition to reopen is granted to this extent only. REASONS FOR REMAND 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Veteran stated during a May 2014 VA mental health consultation that he was receiving disability benefits from the Social Security Administration. A remand is required for VA to obtain these records. 2. Entitlement to an increased rating higher than 30 percent for the service-connected allergic sinusitis is remanded. The Veteran contends that his sinusitis has worsened, and he has undergone several surgeries during the period on appeal. His VA treatment records from 2015 onward are not associated with the claims file and he testified that he has received recent private treatment for his sinusitis. Accordingly, a remand is necessary to obtain outstanding VA and private treatment records and a new examination. The matters are REMANDED for the following action: 1. Ask the Veteran to complete VA Form 21-4142 for any private treatment, to include emergency room treatment, for his sinusitis since 2013. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. If any identified private treatment records are not obtained, advise the Veteran of such, so he has an opportunity to obtain the records himself and submit them to VA. 2. Obtain the Veteran's Memphis VAMC records from March 2015 to the present. 3. Obtain records associated with the Veteran's Social Security Disability claim. 4. Schedule the Veteran for a VA examination to assess the current severity of his sinusitis. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Lavan 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.