Citation Nr: 21075299
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 17-27 335
DATE: December 20, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) with panic attacks is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 2004 to October 2005.

This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by a Department of Veterans Affairs Regional Office (RO).

In August 2021, the Veteran testified at a hearing before the undersigned.  A copy of the transcript of that hearing has been associated with the claims file.

Initially, the Board notes that during the hearing, it was discussed whether the Veteran intended to file a claim for a total rating based on individual unemployability (TDIU).  The Veteran's representative indicated that she would discuss this with the Veteran.  However, nothing further has been associated with the claims file regarding what was decided.  

The Veteran testified at his August 2021 hearing that he has received private treatment for his psychiatric disability.  He testified that the providers were Dr. White and Dr. Dove.  While the Veteran has previously submitted records from Dr. Dove in a May 2019 brief, it is unclear whether these are all of the treatment records from this provider.  Treatment records from Dr. White are not of record.  In addition, the Veteran has testified that he has received VA treatment for his disability and continues to receive such, at the Billings, Montana VAMC and in Utah.  On remand, VA and private medical records should be obtained and associated with the record.

The matter is REMANDED for the following action:

1.  Associate any pertinent VA medical records that are not already of record with the claims file, including records from the Billings, Montana and Utah VAMCs.  

2.  After obtaining appropriate authorizations from the Veteran, obtain private medical records that are not already of record, specifically those from Dr. White and Dr. Dove, and any emergency rooms he visited in connection with his PTSD, and associate them with the file.

3.  The Veteran is asked to clarify whether he intends to claim entitlement to a TDIU.

4.  Thereafter, schedule the Veteran for a VA examination to assess the current severity of his PTSD, as well as the impact on his employability.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nadia Kamal, 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.