Citation Nr: 21030291
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 15-13 845
DATE: May 18, 2021

REMANDED

Entitlement to rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1967 to April 1969.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.  

The Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ) in September 2018.  A transcript of the hearing is associated with the claims file. The Board remanded the Veteran's claim in May 2019 further development.

In October 2020, VA informed the Veteran that his hearing judge retired. He was informed that he had 30 days to respond to a letter indicating whether he wanted a new hearing, and that if he did not respond, no new hearing would be scheduled. The Veteran did not request a new hearing.

1. Entitlement to a rating in excess of 50 percent for PTSD.

This matter was remanded in May 2019 for further development to include obtaining a VA examination and all outstanding VA treatment medical records. The Veteran was afforded both on remand. That said, review of the claims file reflects it remains incomplete as to private treatment records. Specifically, the claims file only contains partial records from Dr. W.G. who attested to treating the Veteran's psychiatric disabilities from 2007 forward. Moreover, the claims file is negative for emergency treatment records from separate 2013 hospitalizations. Importantly, per the Veteran and Dr. W.G., these hospitalizations were related to him suffering a severe panic attack. Given the claims file suggesting that relevant treatment medical and hospitalization records are not in evidence a remand for further development is required.

The matters are REMANDED for the following action: 

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Contact the Veteran and request that he complete and submit to VA a signed authorization for disclosure of medical records to VA for each private medical health care provider from whom he has received treatment for the disabilities at issue on appeal. The Board is particularly interested in obtaining the complete and relevant outstanding records of the Veteran's treatment by Dr. W.G., throughout the appeal. After receiving any completed authorization form(s), undertake all appropriate efforts to attempt to obtain the identified records. All development efforts with respect to this directive should be associated with the claims file. The Veteran and his representative must be informed of any records deemed unobtainable.

The Veteran is encouraged to submit directly to VA any outstanding, relevant medical records in his possession.

 

 

DUSTIN L. WARE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. L. Burroughs, 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.