Citation Nr: 21024766
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 17-03 810
DATE: April 26, 2021

REMANDED

Entitlement to an evaluation in excess of 50 percent prior to August 10, 2020 and in excess of 70 percent thereafter for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to August 10, 2020 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1990 to May 1991 and August 1991 to February 1992, with an additional period of active duty for training (ACDUTRA) from April 1984 to August 1984.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA). This case was remanded in September 2019 for further development.

In September 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record.

After the Board’s remand, the Agency of Original Jurisdiction (AOJ) granted an increased rating of 70 percent for PTSD, effective August 10, 2020. See August 2020 rating decision. The issue has been recharacterized accordingly.

Although entitlement to TDIU was granted in a November 2020 rating decision, the grant did not encompass the entire period on appeal. As a result, the issue remains before the Board and has been recharacterized accordingly. See Harper v. Wilkie, 30 Vet. App. 356 (2018); see also Rice v. Shinseki, 22 Vet. App. 447 (2009).

Both issues.

In September 2020, the Veteran submitted correspondence reflecting that she was awarded disability benefits from the Social Security Administration (SSA). Although SSA records were obtained in August 2017, the new correspondence discusses exhibits that are not currently in the claim file. As a result, remand for outstanding relevant SSA records is necessary.

The matters are REMANDED for the following action:

1. The AOJ should request directly from the SSA outstanding relevant records after August 2017, including determinations and medical records, regarding any claim for disability benefits. All attempts to fulfill this development should be documented in the claim file. If the records are unavailable, it should so be noted on the record and the reason for unavailability should be provided.

2. The AOJ should obtain copies of VA treatment records from December 2020 to the present.

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3. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Sandler, 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.