Citation Nr: 21024620 Decision Date: 04/23/21 Archive Date: 04/23/21 DOCKET NO. 17-44 420 DATE: April 23, 2021 REMANDED Entitlement to an effective date prior to March 3, 2011 for a 100 percent rating for service-connected psychiatric disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1989 to March 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) granting a 100 percent rating for the Veteran’s service-connected psychiatric disability effective January 6, 2012. In June 2017, the RO issued another rating decision granting a March 3, 2011 effective date for the Veteran’s 100 percent rating. The Veteran continues to seek a 100 percent rating for his service-connected psychiatric disability from March 31, 2007, so the issue remains on appeal. See AB v. Brown, 6 Vet. App. 35, 38 (1993). The Veteran attended a hearing before the undersigned Veterans Law Judge (VLJ) in December 2020 and a transcript of the hearing is associated with the claims file. Entitlement to an effective date prior to March 3, 2011 for a 100 percent rating for service-connected psychiatric disability is remanded. The Veteran seeks an effective date of March 31, 2007 for his service-connected psychiatric disability. The Veteran filed a claim for service connection as he separated from service, which was granted with an initial 70 percent disability rating in a July 2007 rating decision. The Veteran has testified that he has received VA treatment for his psychiatric disability from his date of discharge from active duty service in March 2007. If VA actually or constructively received evidence within one year of the July 2007 rating decision, that decision may not be final. Bond v. Shinseki, 659 F.3d 1362 (2011); 38 C.F.R. § 3.156(b). A September 2008 VA treatment record shows that the Veteran reported being admitted to a private hospital in August 2008 and a state-run hospital in September 2008 for his psychiatric disability. That record also shows that the Veteran was an established patient at a VA medical facility in Mobile, Alabama, and that there was an April 2008 psychiatric intake completed for the Veteran which does not appear to be associated with the claims file. Based on the report that the Veteran was an established patient and received VA treatment, there may also be other outstanding VA medical records in addition to the April 2008 psychiatric intake. Additionally, an August 2010 medical record indicates that the Veteran was treated by Dr. D.D., a VA psychiatrist from 2007 to 2009 which does not appear to be of record in the claims file. Another record shows that a psychiatric evaluation for the Veteran were conducted in February 2008 by the Department of Defense which also does not appear to be associated with the claims file. As it appears that complete records of the Veteran’s VA treatment have not been associated with the claims file, and that those records may support the Veteran’s claim for an earlier effective date, a remand is required for the RO to attempt to obtain the Veteran’s outstanding treatment records. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records from any VA medical facility for the period from March 2007 to the Present. 2. Take all necessary steps to obtain any psychiatric treatment records in the possession of the Department of Defense, including but not limited to the February 2008 evaluation. A negative response is requested and should be placed in the claims file and the Veteran should be informed if VA is unable to obtain records. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Boal, 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.