Citation Nr: 21026465
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 14-42 795
DATE: May 3, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent prior to May 9, 2020 and a rating in excess of 70 percent thereafter for Posttraumatic Stress Disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1999 to October 2000.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

A September 2019 Board decision remanded the issues of entitlement to service connection for thoracolumbar spine disability, entitlement to service connection for residuals of TBI and entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder.  Following the remand, an August 2020 rating decision granted service connection for degenerative arthritis of the spine (claimed as a low back disability) and service connection for TBI.  This represents a full grant of the benefits sought, and the issues are no longer in appellate status.  See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997).  

The August 2020 rating decision also increased the Veteran's rating to 70 percent for PTSD, effective May 9, 2020.  As such, the only issue that remains before the Board is entitlement to an initial rating in excess of 30 percent prior to May 9, 2020 and a rating in excess of 70 percent thereafter for PTSD. 

Entitlement to an initial rating of 30 percent prior to May 9, 2020 and a rating in excess of 70 percent thereafter for PTSD is remanded.

In a September 2020 statement the Veteran alleged that there are outstanding records that have not been added to the record and considered.  On remand, the AOJ should obtain VA treatment records, records from the Social Security Administration, private treatment records, and records from the Pocatello Vet Center.  

VA has a duty to assist claimants to obtain evidence needed to substantiate a claim.  38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2017).  This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records, VA medical records, records from facilities with which the VA has contracted, and records from Federal agencies such as the Social Security Administration.  38 C.F.R. § 3.159(c)(2).  VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.  38 C.F.R. § 3.159(c)(2).  Additionally, VA has a duty to make reasonable efforts to obtain relevant private medical records.  38 C.F.R. § 3.159(c)(1).  As such, remand is warranted to obtain outstanding treatment records. 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records from June 2014 to the present. 

2. Ask the Veteran to identify any relevant private records and request them (to specifically include St. John's Health), with any assistance required from the Veteran. At least three attempts should be made to obtain all outstanding private treatment records.  Each attempt should be well documented in the file. 

3. Obtain records from the Pocatello Vet Center.  Any attempt should be documented in the file. 

4. Obtain all records from the Social Security Administration. All efforts to obtain outstanding records should be documented in the claims folder.  If the records sought do not exist or that further efforts to obtain those records would be futile, a finding of unavailability should be made. 

   

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.