Citation Nr: 21013115 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 17-21 190 DATE: March 8, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active service from July 1972 to July 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In September 2020, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the Veteran’s electronic claims folder. The Board notes that the April 2017 Statement of the Case (SOC) listed 2 issues on appeal: Entitlement to service connection for PTSD with anxiety and depression and entitlement to individual unemployability. However, the Veteran did not appeal the January 2016 denial of his claim for individual unemployability and therefore that matter is not before the Board. This case is distinguishable from Rice v. Shinseki, 22 Vet. App. 447 (2009) (holding that entitlement to a total disability rating based on individual unemployability may be considered part and parcel of an increased rating claim). The Veteran does not have an increased rating claim before the Board. Therefore, the Veteran’s previous claim for individual unemployability is not part of his current claim for entitlement to service connection. Entitlement to service connection for an acquired psychiatric disability, to include PTSD is remanded. The Veteran contends that he is entitled to service connection for an acquired psychiatric disability because he witnessed one of his friends get stabbed to death during service. The Board finds that a remand is necessary to further develop the case. First, in an October 2015 Notice of Disagreement (NOD), the Veteran stated that he was initially court martialed for the stabbing incident because he was a suspect. There are no personnel records currently associated with the Veteran’s electronic claims folder. Second, in the October 2015 NOD, the Veteran stated that he received treatment at the Gardena Vet Center. At the Board hearing, his representative stated that there were missing records from Gardena Vet Center. Therefore, the Veteran’s outstanding personnel and medical records should be obtained on remand. Third, at the Board hearing, the Veteran testified that he sought treatment at the VA in 1975 but went to jail shortly thereafter. See Board Hearing Transcript, p. 17. On remand, the RO should request that the Veteran provide a release of medical records while incarcerated. Finally, it appears that the Veteran receives regular treatment at a VA facility. On remand, up to date VA treatment records should be obtained and any records from his reported 1975 VA medical center encounter. The matters are REMANDED for the following action: 1. Obtain the Veteran’s up to date VA treatment records and associate them with the electronic claims folder. Also obtain any outstanding VA treatment records prior to 2014 (Veteran testified at the Board hearing that went to the VA in 1975). 2. The Agency of Original Jurisdiction (AOJ) should contact the service department and appropriate records custodian, to include the National Personnel Records Center (NPRC) or other appropriate repository of records and request the Veteran's complete service personnel records, including any evidence of court martial. If these records cannot be obtained after reasonable efforts have been made, the AOJ should document in the claims file that such records do not exist or that further efforts to obtain such records would be futile. The Veteran must be notified of the failure to obtain the records and be allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159 (e). 3. Contact the Veteran and request that he provide a medical records release form in order for VA to attempt to obtain his complete prison medical treatment records from his time of incarceration. See September 2020 Board Hearing Transcript, p. 17 where the Veteran reported incarceration after his 1975 VA encounter. A copy of any request(s) sent to the Veteran, and any reply, to include a completed medical records release form, should be associated with the claims file. (Continued on next page.) 4. Request the Veteran's records of assessment and treatment from the Gardena Vet Center. See October 2015 NOD; May 2017 VA Form; September 2020 Board Hearing Transcript, p. 5. Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Baskerville, LaRita 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.