Citation Nr: 21007259 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 17-00 458 DATE: February 9, 2021 REMANDED Entitlement to an effective date earlier than July 1, 2014 for the award of a 100 percent rating for posttraumatic stress disorder (PTSD) is remanded. Entitlement to an effective earlier than July 1, 2014 for the award of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Army from April 2002 to November 2007. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision. In an August 2019 decision, the Board granted entitlement to an earlier effective date of July 1, 2014 for the award of a 100 percent rating for PTSD, and entitlement to an earlier effective date of July 1, 2014 for the award of SMC under 38 U.S.C. § 1114(s). The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Order, the Court vacation the part of the Board's decision that denied entitlement to effective dates earlier than July 1, 2014 for the award of a 100 percent rating for PTSD and the award of SMC under 38 U.S.C. § 1114(s) and remanded the matter to the Board for development consistent with the parties' Joint Motion for Partial Remand (Joint Motion). 1. Entitlement to an effective date earlier than July 1, 2014 for the award of a 100 percent rating for PTSD is remanded. 2. Entitlement to an effective date earlier than July 1, 2014 for the award of SMC under 38 U.S.C. § 1114(s) is remanded. The Board notes that a remand of the Veteran’s earlier effective date claim for the award of a 100 percent rating for PTSD is necessary to attempt to obtain outstanding Social Security Administration (SSA) records. In the Joint Motion, the parties agreed that the Board erred by failing to address whether a remand is required to attempt to obtain SSA records in light of the records in the claims file indicating that the Veteran had applied for SSA disability benefits. See, e.g., February 2014 VA treatment record. In this regard, a November 2015 Independent Living Assessment in the Veteran’s VA Vocational Rehabilitation and Employment (VR&E) records stated that the Veteran was in receipt of a 100 percent disability rating for PTSD and noted the Veteran's report that his most limiting conditions included his back pain and his PTSD. The record then separately noted that although the Veteran had applied for Social Security Disability Insurance (SSDI) and been denied, he had a second application currently pending. Given the preceding discussion in this record regarding the limitations associated the Veteran’s PTSD, SSA records associated with these applications for SSDI appear to be relevant to the Veteran's earlier effective date claim for the award of a 100 percent rating for PTSD. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim, including making as many requests as are necessary to obtain relevant records from a Federal department or agency such as the SSA. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c)(2). As the record does not show that the agency of original jurisdiction (AOJ) has attempted to obtain these SSA records, efforts to obtain the records should be made upon remand. The Board also notes that any decision with respect to the Veteran’s earlier effective date claim for the award of a 100 percent rating for PTSD may impact his earlier effective date claim for the award of SMC under 38 U.S.C. § 1114(s). Thus, the claims are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Final appellate review of this claim must be deferred until the appropriate actions concerning the Veteran's earlier effective date claim for the award of the 100 percent rating for PTSD are completed and the matters are either resolved or prepared for appellate review. The matters are REMANDED for the following action: 1. Obtain from the Social Security Administration (SSA) the records pertinent to the pertinent to the Veteran's claim for SSA disability benefits as well as the medical records relied upon concerning that claim. If the records are not available, the Veteran should be notified of such. 2. After completing the above action, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraph above, the claims must be readjudicated. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.C. Spragins, 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.