Citation Nr: 21026597
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 15-31 426A
DATE: May 3, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent prior to March 19, 2015, for post-traumatic stress disorder (PTSD) with major depressive disorder is remanded.

Entitlement to an initial rating in excess of 70 percent from March 19, 2015, to August 20, 2018, for PTSD with major depressive disorder is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to August 21, 2018, is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Marines Corps from April 1968 to April 1970.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA). 

This matter was previously before the Board in March 2019, at which time it was remanded for additional development.  An examination was completed in October 2019. Subsequent development letters were sent to the Veteran to assist in identifying any outstanding treatment records and to request that he complete a VA Form 21-8940, specifically pertaining to his period of temporary employment in 2017.  The claim is once again before the Board.

In June 2020, the Veteran was awarded a 100 percent rating for PTSD with major depressive disorder, effective August 21, 2018.  As the Veteran is receiving the maximum disability rating for PTSD since August 21, 2018, the Board will not address the issue of entitlement to an increased rating for that period.

1. Entitlement to an initial rating in excess of 50 percent prior to March 19, 2015, for PTSD with major depressive disorder is remanded.

2. Entitlement to an initial rating in excess of 70 percent from March 19, 2015, to August 20, 2018, for PTSD with major depressive disorder is remanded.

In the Veteran's Notice of Disagreement (NOD), he reported that he was receiving treatment at High Desert Vet Center. In his VA Form 9, he reported that he was also receiving treatment at the San Bernardino Vet Center.  

The records from High Desert were obtained through March 2015.  However, based on a memorandum dated May 2016, the Veteran received treatment at High Desert Vet Center through at least the date of the memorandum. As such, the evidence suggests that there are outstanding records from San Bernardino Vet Center that are relevant to the Veteran's claims on appeal. 

Therefore, the Board finds that a remand is necessary to obtain the relevant outstanding records.  

3.  Entitlement to a TDIU prior to August 21, 2018, is remanded.

The Veteran's claim for entitlement to TDIU prior to August 21, 2018, is inextricably intertwined with the increased rating claim for PTSD.  Accordingly, the Board defers decision on whether TDIU is warranted during that period. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).  

The matters are REMANDED for the following action:

1. Obtain the Veteran's treatment records from the Vet Center in San Bernardino for the period prior to August 21, 2018.

2. Then, readjudicate the issue on appeal, to include entitlement to a TDIU.  If the benefits sought remain denied, the Veteran should be provided with a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.

 

 

Ashley Castillo

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.P. Faris

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.