Citation Nr: 21014010 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 15-10 011 DATE: March 11, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), 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 had active service from October 1954 to September 1956. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). These matters were previously before the Board in February 2018. In February 2018, the Board, in part, implicitly reopened the claim for service connection for an acquired psychiatric disorder, to include PTSD, and remanded the claim on the merits. In February 2018, the Board also, in part, remanded entitlement to a TDIU. In November 2020, the Board explicitly, for the sake of completeness, reopened the claim for service connection for an acquired psychiatric disorder, to include PTSD, and remanded the reopened claim on the merits for further development. In November 2020 the Board also remanded entitlement to a TDIU. These issues now return for appellate review. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. Unfortunately, there has not been substantial compliance with the Board’s previous remand directive, and another remand is required. Pursuant to the duty to assist, the November 2020 Board remand directed that the Veteran’s VA treatment records from the VA Caribbean Healthcare System, dated prior to June 2001 (from 1994), dated from August 2020 to September 2020, and dated from October 2020, be obtained and associated with the record. In December 2020, the Agency of Original Jurisdiction (AOJ) obtained and associated with the record the Veteran’s updated VA treatment records dated from November 2020 to December 2020. Additionally, in December 2020 the AOJ submitted a VA 10-7131 Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, which requested the Veteran’s records from January 1994 to June 2001. However, the resulting records received from this request are dated from June 2001 to March 2009. Thus, no records were obtained which are dated prior to June 2001 (from 1994), or from August 2020 to September 2020, as directed by the November 2020 Board remand. Further in a February 2021 statement, the Veteran noted that his VA treatment records from 1994 to 2020 were not obtained and that the AOJ only obtained his VA treatment records from 2001 to 2020. The Veteran’s February 2021 statement again tends to reflect that he believes VA treatment records from 1994 exist. The Board recognizes, such records, if obtained, could potentially bear on the outcome of the Veteran’s claim. Considering this, the Board finds that the remand instruction, with regard to the duty to assist in obtaining identified VA treatment records have not been adequately complied with. Consequently, the Board must remand the appeal for compliance with the prior remand directive. Stegall v. West, 11 Vet. App. 268, 271 (1998); see also 38 C.F.R. § 3.159(c)(2), (e). Further, if VA concludes, after continued efforts, that it is reasonably certain these identified VA treatment records do not exist or further efforts to obtain them would be futile, such a finding must then be communicated to the Veteran. 38 C.F.R. § 3.159(c)(2), (e). 2. Entitlement to TDIU is remanded. The issue of entitlement to TDIU is intertwined with the claim for service connection for an acquired psychiatric disorder, as such could affect whether the Veteran meets the schedular criteria for a TDIU, as he currently does not satisfy the schedular criteria. Thus, a remand is warranted for the TDIU claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following actions: 1. Undertake the necessary efforts, with as many requests as are necessary, to obtain the entirety of the Veteran’s treatment records from VA Caribbean Healthcare System, specifically to include: (a.) records from VA Caribbean Healthcare System dated from 1994 to June 2001; and (b.) records from VA Caribbean Healthcare System dated from August 2020 to September 2020 and from December 2020 to the present. Efforts to obtain these records should only be discontinued if the VA Caribbean Healthcare System advises VA that the requested records do not exist or that they are not in their possession, and such a response must be documented in the virtual file. If the AOJ determines that the above identified VA treatment records do not exist or further efforts to obtain the records would be futile, the Veteran should be notified of this determination. 2. After undertaking any other development deemed appropriate, readjudicate the issues on appeal. If any benefit sought is not granted, furnish the Veteran with a supplemental statement of the case and afford him an opportunity to respond before the record is returned to the Board for further review. M. C. GRAHAM Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Espinoza 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.