Citation Nr: 21028183
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 07-09 924A
DATE: May 10, 2021

REMANDED

For the period prior to August 10, 2009, entitlement to a rating in excess of 30 percent for post-traumatic stress disorder (PTSD) is remanded.

For the period starting August 10, 2009, entitlement to a rating in excess of 70 percent is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1990 to April 1994.  He receive the Southwest Asia Service Medal with three stars; Sea Service Deployment Ribbon with two stars; Joint Meritorious Unit Award with one star; National Defense Service Medal; Good Conduct Medal; Armed Forces Expeditionary Medal; Kuwait Liberation Medal; Humanitarian Service Medal; Combat Action Ribbon; Navy Unit Commendation; Rifle Expert Badge; and, Meritorious Mast. 

In February 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the claims file.

The Veteran's claim for an increased rating for PTSD was previously remanded by the Court of Appeals for Veterans Claims and the Board for private treatment records.  Specifically, the Veteran's full PTSD treatment records from the Springfield Vet Center in Massachusetts were not associated with the claims file.  In January 2020, VA received records from the Springfield Vet Center, however the document is incomplete. See January 2020 Private Treatment Records, pp. 1-24.  The cover page of the document indicates that there are 60 total pages but there are only 24 pages available for review.  Moreover, the records that are available for review begin in August 2018, but the Veteran has received treatment there since November 1999. See December 2018 Private Treatment Records, p. 2.  There has not been substantial compliance with the Board's prior remand and the claim is remanded accordingly.  On remand, the Agency of Original Jurisdiction (AOJ) should take appropriate steps to obtain the outstanding records.  If the AOJ is unable to obtain the outstanding records, the Veteran should be notified and provided with an opportunity to submit the records. 

The matters are REMANDED for the following action:

Take appropriate steps to identify and obtain any outstanding treatment records from the Springfield Vet Center.  If unable to obtain the outstanding records, notify the Veteran and provide him with an opportunity to submit any missing records.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W.V. Walker, 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.