Citation Nr: 21026059
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 18-36 004
DATE: April 29, 2021

REMANDED

Entitlement to an evaluation in excess of 50 percent for an acquired psychiatric disorder, including PTSD, anxiety, and depression, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from February 1968 to January 1970.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  This decision arose from a reconsideration of an earlier, February 2015, rating decision which granted an increased 50 percent rating effective November 25, 2014.

The Veteran provided testimony at a hearing before the undersigned Veteran’s Law Judge in January 2021; a transcript of the hearing has been associated with the file.  

VA has a duty to assist Veterans in obtaining evidence to substantiate claims, which includes obtaining relevant records and providing medical examinations or obtaining medical opinions when necessary.  38 C.F.R. § 3.159(c).  This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency and making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159 (c). 

At the hearing, the Veteran testified that he sees a VA psychiatrist at the Brick VA clinic.  The most recent treatments from the Brick VA clinic are from June 2018; updated records should be obtained.  

Additionally, the Veteran's representative stated that the Veteran had an appointment the Tuesday following the hearing at VA’s Lakewood Vet Center for mental health treatment.  A remand to obtain these relevant Federal records is required.  

As to any additional records, the Veteran requested that the record be held open to permit submission of additional evidence.  Those received after the hearing are duplicative of evidence already of record.  There is no indication there are outstanding private records; he stated he had not seen the private provider for a long time, which is consistent with the dates of those submitted.

The matters are REMANDED for the following action:

1. Associate updated VA records with the claims file, including records from the VA New Jersey Health Care System, Lyons Campus, as well as all associated clinics, to include the Brick/James J. Howard Community Clinic.  

2. Contact the Veteran and request a properly executed release for the Lakewood Vet Center.   

Upon receipt of such, VA must take appropriate action to contact the identified providers and request complete treatment records.  The Veteran should be informed that in the alternative he may obtain and submit the records himself.  The RO is reminded that Vet Center records are Federal records and efforts to secure such must continue until obtained or certified to be unavailable.

3. Then, readjudicate the claims on appeal.  If any benefit sought remains denied, issue an appropriate supplemental statement of the case, and return the appeal to the Board.

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Megan-Brady Viccellio

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.