Citation Nr: 21015469 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 16-11 322A DATE: March 17, 2021 REMANDED Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) prior to September 11, 2019 is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to PTSD prior to September 11, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1967 to April 1970, to include service in the Republic of Vietnam. In a July 2016 rating decision, the agency of original jurisdiction (AOJ) awarded a 70 percent rating for PTSD, effective November 6, 2013. In a subsequent rating decision that same month, the AOJ granted an effective date of November 1, 2013, the date of the Veteran’s increased rating claim, for the 70 percent rating. Thereafter, in a January 2020 rating decision, the AOJ awarded a maximum 100 percent rating, effective September 11, 2019. However, a higher rating is available for PTSD prior to the September 11, 2019 effective date. As the Veteran is presumed to seek the maximum available benefit for a disability, this claim is still considered to be on appeal as characterized above. See AB v. Brown, 6 Vet. App. 35, 38 (1993). During the course of the appeal, the Veteran has asserted that he is unable to work due to his service-connected PTSD. A TDIU claim is a potential part of an increased rating claim when such claim is expressly raised by the Veteran or reasonably raised by the record. See Rice v. Shinseki, 22 Vet. App. 447, 452-53 (2009). As the Veteran is only service-connected for PTSD, the issue of entitlement to a TDIU is rendered moot as of the award of a maximum 100 percent disability rating, effective September 11, 2019. However, prior to that date, the Board finds that this issue is also in appellate status as described above. Additional records have been associated with the claims file that have not been considered by the AOJ with respect to this appeal. In a September 2020 brief, the Veteran’s representative waived AOJ consideration of these records. Nevertheless, the AOJ will have the opportunity to consider this evidence on remand. Entitlement to a rating in excess of 70 percent for PTSD prior to September 11, 2019 is remanded. The July 2016 VA examination report showed that the Veteran has been receiving disability benefits from the Social Security Administration (SSA). However, SSA records have not been associated with the file and it does not appear that VA has attempted to obtain the SSA records. A remand is required to allow VA to request these records. Further, there also appears to be an indication that the Veteran has received private treatment. In this regard, in October 2019, the AOJ sent a request for records to Dr. R.J. However, no response was received and a second request was not sent. A remand is required to allow VA to obtain any necessary additional authorization and request these records. Moreover, there appears to be a gap in the VA treatment records that have been associated with the record. In this regard, clinical records from the period of June 2016 to January 2019 are not of record. As these records are relevant to the current appeal, they should be obtained. Likewise, more recent records from January 2020 to the present should also be obtained.   Entitlement to a TDIU prior to September 11, 2019 is remanded. The Board finds that this issue is inextricably intertwined with the remaining issue on appeal. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to defer the claim on appeal pending the adjudication of the inextricably intertwined claim. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any private facilities where he has received treatment for PTSD, including Dr. R.J. Make two requests for the authorized records from any identified facilities, unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran's records from SSA. Document all requests for information as well as all responses in the claims file. 3. Obtain the Veteran’s VA treatment records for the period from June 2016 to January 2019 and from January 2020 to the present. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.N. Moats 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.