Citation Nr: 21015649 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 10-30 019 DATE: March 18, 2021 REMANDED Entitlement to an initial rating in excess of 70 percent for anxiety disorder with depressive disorder and adjustment disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2004 to October 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). A June 2017 Board decision denied, in pertinent part, higher initial ratings for the anxiety disorder with depressive disorder and adjustment disorder. The Veteran appealed the Board’s decision, but only as it pertained to the issue of entitlement to higher initial ratings for the service-connected anxiety disorder to the United States Court of Appeals for Veterans Claims (Court). A June 2018 Order of the Court granted the parties’ Joint Motion for Partial Remand (JMPR), vacated the decision in part, and returned the claim to the Board for action consistent with the JMPR. This matter was remanded for further development in January 2019 and March 2020. There was substantial compliance with the remand directives. 1. Entitlement to an initial rating in excess of 70 percent for anxiety disorder with depressive disorder and adjustment disorder is remanded. The Board regrets the additional delay, but further development is required and another remand necessary. A March 2021 VAMC Report of Hospitalization (Report) indicates that there are outstanding relevant VA treatment records. The Report indicates that the Veteran was admitted to a VA inpatient mental health facility for psychiatric care in February 2021. Any VA treatment records are within VA’s constructive possession, and the mental health records indicated by the report would be relevant to the issue on appeal. A remand is required to allow VA to obtain them. The matter is REMANDED for the following action: Obtain the Veteran’s VA treatment records for the period from January 1, 2021 to the present, to specifically include any records from a period of hospitalization beginning February 2021. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Caban, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.