Citation Nr: 21005361
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 14-37 321
DATE: February 1, 2021

REMANDED

Entitlement to an initial rating in excess of 70 percent from December 16, 2013 to December 21, 2014, a rating in excess of 50 percent from December 22, 2014 to December 30, 2019, and a rating in excess of 70 percent since December 31, 2019, for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to service connection for a right hip disability is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities from December 22, 2014 to December 30, 2019, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1982 to September 1985 and from April 1986 to April 1992.  The Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ) in May 2015; a transcript of that hearing is of record.  This matter is before the Board following a Board Remands in March 2018 and July 2019.  

The Board is cognizant of the fact that the Veteran’s case has been in adjudicative status for several years, and it has already been remanded twice in the past.  Consequently, the Board wishes to assure the Veteran that it would not be remanding this case again unless it was essential for a full and fair adjudication of his claims.

Evidence indicates that there may be outstanding relevant private treatment records.  In correspondence received in January 2020, the Veteran indicated that he received treatment from Heywood Hospital from June 1964 to the present and included a general release for such treatment records.  As the Board cannot determine whether the Veteran received services for his PTSD or right hip, a remand for both issues is required to allow VA to request these records.

Finally, because a decision on the issue of entitlement to a rating in excess of 50 percent from December 22, 2014 to December 30, 2019 could significantly impact a decision on the issue of entitlement to a TDIU due to service-connected disabilities from December 22, 2014 to December 30, 2019, the issues are inextricably intertwined.  A remand of the claim for entitlement to a TDIU due to service-connected disabilities from December 22, 2014 to December 30, 2019 is also required.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete an additional VA Form 21-4142 for Heywood Hospital with the dates of treatment for his PTSD and for his right hip, if applicable.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

2. Obtain the Veteran’s updated VA treatment records.

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P. Olson, 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.