Citation Nr: 21029104 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 16-28 824 DATE: May 12, 2021 REMANDED Entitlement to an effective date earlier than July 13, 2016, for the grant of a total rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1989 to August 1989, and from November 1990 to June 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision, which granted entitlement to a TDIU, effective July 13, 2016. In June 2019, the Board remanded the Veteran's claim. Entitlement to an effective date earlier than July 13, 2016, for the grant of TDIU. The Veteran contends that his service-connected posttraumatic stress disorder (PTSD) prevented him from securing or following any substantially gainful employment prior to July 13, 2016. See VA 21-526EZ, Fully Developed Claim (Compensation) (February 2014); Form 9 (June 2018). To ensure that VA has met its duty to assist, remand is necessary. 38 U.S.C. § 5103A(b), (c); 38 C.F.R. § 3.159(b), (c)(1); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). In February 2020, the Veteran submitted several VA 21-4142 Authorization for Release of Information, including for Pri Med, Southwest Medical Center, Genesis Rehabilitation, Health Action Physical Therapy, Jackson Hospital and Baptist Hospital with various dates of treatment spanning from January 1999 to December 2016. See VA 21-4142 Authorization for Release of Information (February 2020). While VA attempted to contact these providers, no additional private treatment records have been obtained. The Board notes that the Veteran was not notified of the RO's inability to obtain the identified private treatment records from several private providers, for whom the Veteran submitted VA Forms 21-4142s, Authorization for Release of Information. February and March 2020 Reports of General Information indicate that attempts have been made, but, in some instances, records were not retained for more than 10 years. However, the Veteran indicated treatment more recently than 10 years ago. Significantly, VA has not notified he Veteran of any evidence that could not be obtained and his opportunity to submit it. See Hayre v. West, 188 F.3d 1327 (Fed. Cir. 1999) (VA has a heightened duty to assist the appellant in developing his claims). These outstanding treatment records could demonstrate that the Veteran met the criteria for TDIU prior to the assigned effective date. On remand, the Veteran should be informed that his February and March 2020 VA Forms 21-4142 and VA 21-4142a have expired and can no longer be used to obtain his private treatment records. He should be advised that in order for VA to obtain the records he must submit new VA Forms 21-4142 and 21-4142a. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for his PTSD prior to July 13, 2016. Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile. If any records cannot be obtained, provide the Veteran with a proper notice that meets the requirements under 38 U.S.C. § 5103(A)(b)(2) and 38 C.F.R. § 3.159(e), and gives the Veteran opportunity to obtain and submit these records himself. 2. Thereafter, readjudicate the issue. If any benefit sought on appeal remains denied, the Veteran should be provided with a Supplemental Statement of the Case and be afforded a reasonable opportunity to respond. The case should then be returned to the Board for further appellate review, if otherwise in order. James A. DeFrank Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. M. Pesin 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.