Citation Nr: 21011736
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 09-41 952
DATE: March 2, 2021

REMANDED

Entitlement to a higher rating for posttraumatic stress disorder (PTSD), currently rated as 30 percent disabling prior to October 17, 2012, 50 percent disabling from October 17, 2012 to February 27, 2012, and 70 percent disabling thereafter, is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1986 to December 1991.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2007 rating decision.  This appeal has a lengthy procedural history, and most recently a November 2018 Board denial was overturned by a January 2020 memorandum decision by the United States Court of Appeals for Veterans Claims (Court).   

1. Entitlement to a higher rating for PTSD, currently rated as 30 percent disabling prior to October 17, 2012, 50 percent disabling from October 17, 2012 to February 27, 2012, and 70 percent disabling thereafter, is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records.  There are several VA treatment records indicating that relevant private treatment records had been scanned and attached to the VA record, but must be viewed in VistA Imaging Display. These relevant treatment records have not been added to the claims file, and cannot be reviewed by the Board. A remand is required to allow VA to obtain them. If these records cannot be added to the record from the VA system, records should be requested from the private treatment facility F. Health System, which is noted in the September 9, 2016, and October 29, 2016 VA treatment notes. 

2. Entitlement to a TDIU is remanded.

Request that the Veteran fill out a complete VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. The VA Form 21-8940 submitted in December 2020 did not include the second page, most relevantly section 20A, indicating total earned income in the past 12 months. This information is necessary for the Board to determine if the Veteran’s current employment is marginal.  

The matters are REMANDED for the following action:

1. Obtain any non-VA treatment records that were scanned and attached to the VA treatment record in VistA Imaging Display, to specifically include treatment from F. Health System, which is referenced in September 9, 2016 and October 29, 2016 VA treatment notes from the Fayetteville VA Medical Center. If these treatment records are not able to be associated with the claims file, then ask the Veteran to complete a VA Form 21-4142 for F. Health System and request the records directly from F. Health System.  

2. Ask the Veteran to complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, with special attention to section 20A, indicating the Veteran’s earned income for the past 12 months.

3.  After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Budd, 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.