Citation Nr: 21012319
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 11-33 041
DATE: March 4, 2021

REMANDED

Entitlement to an initial evaluation in excess of 30 percent prior to January 29, 2018, and in excess of 70 percent thereafter for anxiety disorder is remanded.

Entitlement to a TDIU is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Army from September 1986 to November 1991.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in July 2013.  This case was previously before the Board in November 2018 and October 2020, when it was remanded for development.  The case has been returned to the Board for further appellate review.

A December 2020 rating decision granted entitlement to service connection for a substance abuse disorder.  This action represents a total grant of the service connection benefit sought on appeal.  

1. Entitlement to an initial evaluation in excess of 30 percent prior to January 29, 2018, and in excess of 70 percent thereafter for generalized anxiety disorder with stimulant use disorder is remanded.

Although the Board previously directed the RO to obtain records relevant to the Veteran’s psychiatric disorder, including Social Security Administration (SSA) records, complete VA treatment records, and private treatment records, it does not appear records from the Vet Center have been requested.  The record indicates the Veteran received regular treatment from at least two different Vet Centers during the period on appeal.  These records are directly relevant to evaluating the severity of the Veteran’s anxiety disorder with stimulant use disorder during the period on appeal, so another remand is necessary to obtain them.

2. Entitlement to a TDIU is remanded.

The TDIU issue is intertwined with the issue remanded above and is also remanded at this time.  See Henderson v. West, 12 Vet. App. 11, 20 (1998); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

On remand, the RO should attempt to verify the Veteran’s reported employment.  On a November 2010 SSA application, the Veteran reported working until November 2008, whereas on his July 2018 TDIU claim form, he reported working until February 2008 for a different company than reported on the SSA application.  As the entirety of 2008 is included in the period on appeal, this information is pertinent to the question of whether the Veteran’s service-connected disability precluded him from securing and following substantially gainful occupation, and should be developed on remand.

The matters are REMANDED for the following action:

1. Obtain any outstanding treatment records from the Logan and Hanlawson Vet Centers, and any other Vet Center where the Veteran might have sought treatment, and associate them with the Veteran’s file.  In doing so, notify the Veteran that records from the Vet Center cannot be obtained without his proper authorization.

2. Attempt to verify the nature of the Veteran’s 2008 employment that was reported differently in the July 2018 VA form 21-8940 and the November 2010 SSA form 821-BK.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Josey, 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.