Citation Nr: 21009901
Decision Date: 02/23/21	Archive Date: 02/23/21

DOCKET NO. 14-21 030A
DATE: February 23, 2021

REMANDED

Entitlement to an initial rating greater than 30 percent disabling for posttraumatic stress disorder (PTSD) prior to November 19, 2020, and greater than 50 percent disabling thereafter is remanded.

Entitlement to a total disability rating based on individual unemployability is remanded.

REASONS FOR REMAND

The Veteran had active duty service from November 2003 to April 2009.

This matter comes before the Board of Veterans’ Appeals (Board) from an September 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran’s claims were remanded by the Board in March 2018, in part, to obtain outstanding VA treatment records. As is discussed at greater length below, the Board does not find that substantial compliance has been achieved relative to its aforesaid remand directive. See Stegall v. West, 11 Vet. App. 268 (1998).

1. Entitlement to an initial rating greater than 30 percent disabling for posttraumatic stress disorder (PTSD) prior to November 19, 2020, and greater than 50 percent disabling thereafter is remanded.

2. Entitlement to a total disability rating based on individual unemployability is remanded.

Upon review, the Board finds that the evidence of record indicates there may be outstanding treatment records, VA and private, pertinent to its adjudication of the claims on appeal. To point, per the November 2020 VA examination report, the VA examiner listed as evidence VA treatment records from 2017 to 2020, and yet those records are not a part of the Veteran’s claims file. Additionally, the Veteran indicated during the VA examination that he’s been in counseling at the Vet Center for the last 10 years, and yet those records are also not a part of his claims file. The Board finds that remand is required prior to the adjudication of both claims on appeal in order to obtain pertinent medical records that could substantially impact their outcomes. 

The matters are REMANDED for the following action:

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1. Obtain the Veteran’s VA treatment records for the period from 2017 to 2020. See November 2020 examination report (listing the same as evidence reviewed by the VA examiner). 

2.  With an necessary authorization  from the Veteran, attempt to obtain all the treatment/counseling records of from the Vet Center.  See November 2020 examination report (indicating that the Veteran has received counseling for his PTSD from the Vet Center for the past 10 years).

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.R. Fey, 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.