Citation Nr: 21029684 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 05-15 397 DATE: May 14, 2021 REMANDED Entitlement to an initial evaluation (excluding periods of temporary total evaluation) for posttraumatic stress disorder (PTSD) in excess of 30 percent prior to January 23, 2003; in excess of 50 percent from January 23, 2003 to April 27, 2007; and in excess of 70 percent since April 27, 2007, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1976 to August 1979. This matter was last before the Board in November 2020, at which time the Veteran's claim was remanded for additional development. For the reasons discussed below, there has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board's last three remands directed the Agency of Original Jurisdiction (AOJ) to obtain copies of any records from the Elkton Vet Center in Elkton, Maryland, where the Veteran has been receiving both individual and couples' therapy. To date, there has been no compliance with this remand directive. In a March 2021 statement, a Decision Review Officer said that the Veteran had been mailed letters requesting he complete and return a release of information so the Elkton Vet Center records could be obtained. The Veteran has not responded to the letters from VA requesting an authorization for the Vet Center records. Pursuant to VA's duty to assist, VA is required to attempt to obtain VA medical records where the claimant provides "enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided." 38 C.F.R. § 3.159 (c)(3). The Veteran has met this burden with his descriptions of care from the Elkton Vet Center, therefore, this matter must be remanded to obtain these records in order to satisfy VA's duty to assist. The Board, however, notes that while the VA has a duty to assist the Veteran, the duty to assist is not a one-way street, and accordingly expects cooperation from the Veteran or the matter will have to be decided upon the only facts associated with the record. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The matters are REMANDED for the following action: Contact the Elkton Vet Center in Elkton, Maryland, and obtain copies of all of the Veteran's outstanding medical records from this facility. If this facility does not have any medical records on file regarding the Veteran's treatment, this fact should be noted in the Veteran's claims file. Ask the Veteran to complete a VA Form 21-4142 for the Elkton Vet Center, if necessary, to obtain these records. After any needed authorization is received, obtain copies of the records of the Veteran's treatment at the facility through to the present. Document all requests for information as well as all responses in the claims file. If the records cannot be obtained and it is determined that further attempts would be futile, such should be noted in the claims file and the Veteran should be notified so that he can make an attempt to obtain those records on his own behalf. M. E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Komperda, 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.