Citation Nr: 21023486 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 13-28 549 DATE: April 20, 2021 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD), prior to September 11, 2014, and from November 1, 2014 to February 4, 2021, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1965 to May 1968, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In October 2016, the Veteran testified at a hearing before the undersigned. This matter was previously remanded by the Board in September 2017, June 2020, and November 2020. The case has been returned to the Board at this time for further appellate review. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). 1. Entitlement to a rating in excess of 50 percent for PTSD, prior to September 11, 2014, and from November 1, 2014 to February 4, 2021, is remanded. This matter was remanded in November 2020, in part, to associate the Veteran’s treatment records from the Biloxi Vet Center with the claims file. In this regard, the RO was directed to obtain any outstanding records from the Vet Center. In addition, the RO was directed to notify the Veteran that records from the Biloxi Vet Center cannot be obtained without his proper authorization. VA sent a notification to the Veteran in December 2020 asking the Veteran to submit VA Forms 21-4142 and 21-4142a so that VA could obtain the Veteran’s records from the Biloxi Vet Center since January 2020. The Veteran returned the VA forms listing the Biloxi VA Medical Center as his treatment provider. It appears the Veteran might be confused with respect to the distinction between the Biloxi VA Medical Center and the Biloxi Vet Center. VA needs an authorization form for the Vet Center in order to request these relevant records. The Vet Center is separate from the VA Medical Center. Therefore, in order to afford the Veteran every opportunity to substantiate his claim, the Board finds that the Veteran should again be asked to complete the proper authorization forms. In addition, the December 2020 notification states that VA is seeking the Veteran’s records from the Vet Center since January 2020. However, the November 2020 Board remand directed the RO to obtain all of the Veteran’s outstanding records from the Vet Center. As noted in the June 2020 Board remand, there appear to be records from the Vet Center prior to May 2010 that have not been associated with the claims file. Because the Veteran filed his increased rating claim in October 2010 and treatment records for the year prior to an increased rating claim may be relevant to the claim, the Board directive noted that attempts should be made to associate all outstanding records from the Vet Center with the claims file. See Stegall v. West, 11 Vet. App. 268 (1998); 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. 2. Entitlement to TDIU is remanded. The issue of entitlement to TDIU is inextricably intertwined with the rating assigned for the Veteran’s service-connected PTSD, and therefore, is remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a decision on one issue would have a “significant impact” upon another, and that impact in turn could render any appellate review on the other claim meaningless and a waste of judicial resources, the two claims are inextricably intertwined). The matters are REMANDED for the following action: Obtain all outstanding treatment records from the Biloxi Vet Center, including those prior to May 2010, and associate them with the Veteran’s file. In doing so, notify the Veteran that records from the Biloxi Vet Center cannot be obtained without his proper authorization, and clarify that records from the Biloxi Vet Center are not the same as the records from the Biloxi VA Medical Center. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Elias, 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.