Citation Nr: 21008845 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 19-34 774 DATE: February 18, 2021 REMANDED Entitlement to an increased initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD), prior to June 3, 2019, is remanded. Entitlement to an increased rating in excess of 70 percent for posttraumatic stress disorder (PTSD) from June 3, 2019 forward, is remanded. Entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) prior to June 3, 2019, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from May 1966 to March 1968. This matter comes before the Board of Veterans’ Appeals (Board) from a November 2015 rating decision of a Department of Veterans Affairs Regional Office (RO). Previously, the claims were before the Board in July 2020 and were remanded for additional development. The Veteran’s outstanding VA treatment records and an updated VA examination have been associated with the claims file. However, as discussed below, the Board’s prior remand directives have not been substantially complied with, and as such the case is again before the Board and additional development is warranted. See Stegall v. West, 11 Vet. App. 268, 271 (1998). During the course of the appeal entitlement for TDIU was granted in a November 2020 rating decision effective June 3, 2019. As such is not reflective of the entire period on appeal the Board has amended the issues to reflect consideration of TDIU for the entire period on appeal. 1. Entitlement to an increased initial rating in excess of 30 percent for PTSD, prior to June 3, 2019 2. Entitlement to an increased rating in excess of 70 percent for PTSD from June 3, 2019 forward 3. Entitlement to a TDIU prior to June 3, 2019 The Veteran contends that an increased rating is warranted for his service connected PTSD. In addition, the Veteran contends that a TDIU is warranted for the entire period on appeal. Previously the claims were before the Board in July 2020 and as part of the development associated with the prior remand the Veteran identified and authorized for release outstanding treatment records from the Marietta Vet Center via Form 21-4142a in August 2020. Further, VA treatment records note that the Veteran continues to undergo treatment and group counseling through the Vet Center. Additionally, in a July 2020 letter, a counselor noted only that the Veteran has been undergoing weekly group therapy at the Marietta Vet Center since January 2017. Treatment records that address the severity of this Veteran’s specific disability have not been associated with the claims file. Regrettably, another remand is warranted to comply with the prior remand directives. A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. As such, another remand is warranted for the Veteran’s outstanding Vet Center treatment records to be associated with the claims file. The matters are REMANDED for the following action: Obtain the Veteran’s treatment records from the Vet Center in Marietta Georgia for the period from January 2017 forward. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.R. Kardian, 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.