Citation Nr: 21007385
Decision Date: 02/09/21	Archive Date: 02/09/21

DOCKET NO. 13-14 581
DATE: February 9, 2021

REMANDED

Entitlement to an initial evaluation in excess of 30 percent prior to May 22, 2010, in excess of 50 percent prior to November 7, 2013, and in excess of 70 percent thereafter for depressive disorder with anxiety is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 2003 to January 2004.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously remanded by the Board in June 2017 and August 2018.

On September 21, 2020, the Veteran contacted VA to report that he recently received mental health treatment pertinent to his appeal at the Washington D.C. VA Medical Center (Washington VAMC), and he requested the new records be obtained. Again, in October 2020 correspondence, the Veteran requested VA gather all his mental health treatment records from the Washington VAMC.

The most recent treatment records in the Veteran’s claims file from the Washington VAMC are from May 2020. While the October 2020 Supplemental Statement of the Case indicates Washington VAMC records from July 6, 2004 through October 23, 2020 were reviewed, the Veteran’s claims file does not contain Washington VAMC records since May 14, 2020. 

VA treatment records, even if not in the claims file, are considered part of the record on appeal because they are within VA’s constructive possession. See 38 U.S.C. § 5103A; Bell v. Derwinski, 2 Vet. App. 611 (1992). On remand, updated VA records from Washington VAMC, as well as any other relevant VA treatment records identified by the Veteran, must be obtained and associated with the record.

The matters are REMANDED for the following action:

1. Obtain all outstanding treatment records relevant to the matter being remanded, to include from the Washington VAMC since May 2020.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.