Citation Nr: 21077487
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 17-12 716
DATE: December 29, 2021

REMANDED

Entitlement to an increased rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served active duty in the United States Army from November 1966 to December 1968. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision. In June 2019, the Board remanded this case for further development.

1. Entitlement to an increased rating for PTSD.

In the August 2021 appellate brief, the Veteran's representative asserts the case should be remanded to obtain additional medical records, stating that the claim file was devoid of any such records. A review of the file reflects that during his December 2014 and July 2015 VA psychiatric examinations the Veteran reported no mental health treatment since 1983 or 1984. 

However, in his October 2015 notice of disagreement, the Veteran asserted that he deserved a higher rating for his PTSD because his psychiatrist had told him he did, thus potentially indicating he was receiving some sort of psychiatric treatment at that time. Further, the representative's August 2021 appellate brief itself essentially asserts that there are outstanding relevant treatment records. As the record is unclear as to whether the Veteran received psychiatric treatment at any point during the period on appeal, the Board finds that a remand is warranted so that VA may attempt to obtain any possible outstanding VA or private treatment records relevant to the Veteran's PTSD. 38 C.F.R. § 3.159(c)(1), (2).

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

If any clarification is necessary as to what VA facilities the Veteran has received treatment at, the Veteran should be requested to provide that information.

2. Contact the Veteran and request that he submit or authorize for release all private treatment records relevant to his PTSD.

For all records authorized for release, if the search for these records is negative the Veteran must be informed of this in writing in accordance with 38 C.F.R. § 3.159(e). 

 

CHRISTOPHER A. WENDELL

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.