Citation Nr: 21009636 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 13-03 616 DATE: February 23, 2021 REMANDED Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) from August 10, 2007 through August 19, 2011. Entitlement to a rating in excess of 70 percent for PTSD from August 20, 2011. Entitlement to an effective date earlier than August 20, 2011 for the grant of a total rating for individual unemployability (TDIU). REASONS FOR REMAND The Veteran served on active duty from June 1983 to August 1983, May 1984 to June 1984, and from April 1985 to April 1993. This case comes before the Board of Veterans’ Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). This case was most previously before the Board in February 2020. In November 2015, the Veteran presented testimony in a Board hearing via videoconference. PTSD An August 2010 rating decision granted service connection for PTSD and assigned a 30 percent evaluation, effective September 4, 2007. In an October 2012 rating decision, the Veteran’s PTSD rating was increased to 50 percent disabling, effective July 17, 2012. In a February 2015 rating decision, the RO granted the Veteran a 100 percent evaluation for PTSD from August 20, 2007 to December 1, 2007 due to hospitalization. In a January 2017 rating decision, the RO granted the Veteran a 100 percent evaluation for PTSD from August 16, 2016, to November 1, 2016 due to hospitalization, and resumed the 50 percent rating thereafter. The February 2020 Board decision granted the Veteran a rating of 70 percent for PTSD from November 1, 2016 through June 11, 2019. A September 2020 RO decision granted the Veteran a 70 percent rating for PTSD “from August 20, 2011.” Based on the rating history of this case, the issues currently on appeal before the Board pertaining to PTSD are as follows: entitlement to a rating in excess of 30 percent for PTSD from August 10, 2007 through August 19, 2011 (other than from August 20, 2007 through November 30, 2007), and entitlement to a rating for PTSD in excess of 70 percent from August 20, 2011 (other than from August 16, 2016 through October 31, 2016). As noted in the February 2020 Board remand, significant evidence mentioned in the July 2018 remand instructions (in particular, an April 2008 private psychological evaluation) had not been (as has not yet been) considered or discussed by the RO (as to the issue of entitlement to a rating in excess of 30 percent for PTSD from August 10, 2007 through August 19, 2011) and must be so considered and discussed prior to consideration by the Board. As for the issue of entitlement to an effective date earlier than August 20, 2011 for the grant of TDIU, remand is required as this claim is intertwined with the claim being remanded and adjudication of this issue is premature. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (holding that where a decision on one issue would have a “significant impact” upon another, and that impact in turn could render any appellate review on the other claim meaningless and a waste of judicial resources, the two claims are inextricably intertwined). As for the issue of entitlement to a rating in excess of 70 percent for PTSD from August 20, 2011, it appears that pertinent evidence pertaining to this issue has been added to the file subsequent to the RO’s last adjudication. Based on the foregoing, the RO must adjudicate the issues on appeal prior to consideration by the Board. The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment on and after August 19, 2020. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his attorney. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant non-VA medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the appellant which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his attorney. 3. After completing the above action, the issues on appeal must be readjudicated. The RO must specifically consider and discuss the April 2008 private psychological evaluation when adjudicating the issue of entitlement to a rating in excess of 30 percent for PTSD from August 10, 2007 through August 19, 2011. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board David Nelson 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.