Citation Nr: 21023961 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 20-25 753 DATE: April 21, 2021 REMANDED Entitlement to an initial disability evaluation in excess of 30 percent prior to February 23, 2021; and, in excess of 50 percent thereafter for other specified trauma and stressor related disorder and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active service from July 1961 to February 1988 with service in the Republic of Vietnam. He is the recipient of, among other decorations, two Purple Heart Medals, two Silver Star Medals, the Bronze Star Medal, and the Army Commendation Medal. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO or AOJ). In December 2020, the Veteran testified before the undersigned Veterans Law Judge at a Video Conference Board hearing. A transcript is associated with the claims file. Procedurally, the Veteran initially filed a claim for entitlement to service connection for PTSD in May 2018. In the July 2018 rating decision on appeal, the Veteran was awarded service connection for other specified trauma and stressor related disorder (claimed as PTSD), and assigned a 30 percent disability evaluation effective May 30, 2018. This case was previously before the Board in January 2021 when it was remanded for additional development. While on remand and after additional development, which included conducting a VA examination in February 2021, the Veteran was diagnosed with PTSD. The examiner opined that the Veteran’s diagnosis was a progression of his previous diagnosis of other specified trauma and stressor related disorder. A March 2021 rating decision increased the disability evaluation and assigned a 50 percent evaluation effective February 23, 2021. Such resulted in a staged rating. See Hart v. Mansfield, 21 Vet. App. 505 (2007); Fenderson v. West, 12 Vet. App. 119 (1999). Accordingly, the Veteran’s claim has been recharacterized as one for entitlement to an initial disability evaluation in excess of 30 percent prior to February 23, 2021; and, in excess of 50 percent thereafter for other specified trauma and stressor related disorder and PTSD, in order to better reflect the assertions and medical findings of record. See February 2021 VA examination report; see also Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Unfortunately, the Board finds that further action in this appeal is warranted, even though such will, regrettably, further delay an appellate decision on this matter. In the Board’s January 2021 remand directives, the AOJ was specifically directed to obtain the Veteran’s treatment records from the Vet Center from March 2020 to the present. The record documents the Veteran’s ongoing treatment at the Lowell Vet Center. See February 2021 VA examination report. However, the record does not indicate that the AOJ submitted requests to the Lowell Vet Center for the Veteran’s treatment records from March 2020 to the present, or determined that they are not available. Compliance with Board remand instructions is neither optional nor discretionary. See Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, a remand is needed to ensure substantial compliance with the January 2021 remand directives. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999). The matter is REMANDED for the following action: Obtain and associate with the claims file, with appropriate authorization from the Veteran, the Veteran’s treatment records from the Lowell Vet Center from March 2020 to the present. If the search for such records has negative results, the RO should notify the Veteran and his representative and place a statement to that effect in the record. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Smith, 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.