Citation Nr: 21005306 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 13-36 384 DATE: February 1, 2021 REMANDED For the period on appeal prior to March 7, 2014, entitlement to an increased evaluation in excess of 30 percent for the Veteran’s service-connected acquired psychiatric disability, to include post-traumatic stress disorder (PTSD), is remanded. For the period on appeal from March 7, 2014, entitlement to an increased evaluation in excess of 50 percent for the Veteran’s service-connected acquired psychiatric disability, to include post-traumatic stress disorder (PTSD), is remanded. Entitlement to a disability rating based upon individual employability (TDIU) on a schedular basis due to the Veteran’s service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served honorably in the U.S. Army from September 1963 to August 1966, including service in Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision issued by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified before the undersigned at a hearing held in January 2015; a transcript of that hearing is of record. The Board previously considered this appeal in June 2015, June 2018 and August 2020 and remanded these issues for further development. The case returned to the Board for further appellate review. In June 2018 and August 2020, the Board remanded this appeal for further development, including sending the Veteran medical authorizations to release his private treatment records and the procurement of such private treatment records relating to his current psychiatric condition. To the extent that the directed correspondence was sent to the Veteran in August 2020, July 2019, and August 2019, the Board finds that substantial compliance with its remand directives pertaining to such claims has been accomplished. See Stegall v. West, 11 Vet. App. 268, 271 (1998); see also Dyment v. West, 13 Vet. App. 141, 146-47 (1999). However, for the reasons set forth below, the Veteran’s psychiatric and TDIU claims must once again be remanded for further development. See id. 1. For the period on appeal prior to March 7, 2014, entitlement to an increased evaluation in excess of 30 percent for the Veteran’s service-connected acquired psychiatric disability, to include post-traumatic stress disorder (PTSD), is remanded. 2. For the period on appeal from March 7, 2014, entitlement to an increased evaluation in excess of 50 percent for the Veteran’s service-connected acquired psychiatric disability, to include post-traumatic stress disorder (PTSD), is remanded. 3. Entitlement to a disability rating based upon individual employability (TDIU) on a schedular basis due to the Veteran’s service-connected disabilities is remanded. Unfortunately, due to reasons that follow, an additional remand is required, in accordance with the previous Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998) (as a matter of law, a remand by the Board confers on the Veteran the right to compliance with the remand orders). Although the Board sincerely regrets this additional delay, it is necessary to ensure the Veteran is afforded adequate due process. In the August 2020 remand, The Board instructed the RO to “[s]end the Veteran a VA Form 21-4142 to authorize the release of his medical treatment records from the Montana State Hospital. If necessary, make two requests for the authorized records from each provider listed herein. If the totality of the Veteran’s treatment records cannot be obtained, then prepare a Memorandum of Formal Finding of Unavailability of Treatment Records.” It was observed that the Veteran was incarcerated by the Montana Department of Corrections and to use the following address to reach the Veteran: 400 Conley Lake Road, Deer Lodge, MT 59722. The evidence of record indicates that the notification of the August 2020 Board decision was returned undeliverable by the US Postal Service as it was addressed to the Veteran’s residential address when it was clear in the Board’s decision that the Veteran was incarcerated in Montana and all correspondence must have been sent to the Montana Department of Corrections. In September 2020, the Board decision was re-sent to the Veteran at the Montana Department of Corrections address. The Veteran’s representative asserts that it is likely that the Veteran never received notice of the August 2020 Board Decision or the August 2020 Subsequent Development letter, even though they were addressed to the Montana Department of Corrections and those letters have not been returned as undeliverable. The Board notice that the August 2020 Subsequent Development letter was not re-sent, and a second attempt to obtain the VA Form 21-4142 was not made by the RO. In light of the foregoing, the Board finds that an additional remand is necessary in order to re-send the directed correspondence to the Veteran at his current address, to provide him with the necessary medical authorization forms, and to procure the outstanding treatment records relevant to his claims as set forth in the Board’s August 2020 Remand. The matters are REMANDED for the following action: 1. Send the Veteran a VA Form 21-4142 to authorize the release of his medical treatment records from the Montana State Hospital. Contact the Veteran at the following address: Montana State Prison, 400 Conley Lake Road, Deer Lodge, MT 59722, (406) 846-1320. If necessary, make two requests for the authorized records from each provider listed herein. If the totality of the Veteran’s treatment records cannot be obtained, then prepare a Memorandum of Formal Finding of Unavailability of Treatment Records. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Romero-Sanchez, 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.