Citation Nr: 21023301
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 18-23 200A
DATE: April 20, 2021

REMANDED

Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to December 20, 2017, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1967 to November 1969, to include service in the Republic of Vietnam.  He as awarded the Combat Infantryman Badge, among other decorations.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision by a Department of Veterans Affairs (VA) regional office (RO).  In November 2020, the Veteran and his wife testified before the undersigned Veterans Law Judge.  

The Board notes that, in April 2018, during the pendency of the appeal, the RO granted a total disability rating for PTSD from December 20, 2017.  As such, consideration of an increased rating from that date is moot. 

While further delay is regrettable, the Board finds remand is necessary.  In that regard, during his November 2020 hearing, the Veteran testified that he has received treatment at a Vet Center throughout the period on appeal.  While the Veteran submitted a letter from his treating clinician, the records of his treatment have not been associated with the claims file.  Accordingly, remand is warranted so that these records may be obtained.

The matters are REMANDED for the following action:

Ask the Veteran to identify all outstanding treatment records relevant to his PTSD claim.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran, specifically including Vet Center records from 2015 to the present.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. D. Bruce, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.