Citation Nr: 21031134 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 15-25 330 DATE: May 20, 2021 REMANDED Entitlement to a disability rating greater than 70 percent from November 1, 2018, for PTSD is remanded. The issue of whether the reduction in the rating of the Veteran's service-connected PTSD from 100 percent to 70 percent, effective November 1, 2018, was proper is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2001 to May 2006. In December 2018, the Board remanded the issues on appeal for further development. Specifically, it was requested that a copy of the Veteran's complete VA vocational rehabilitation services file be associated with the claims file. In a January 2020 supplemental statement of the case (SSOC), it was noted that current rating practices do not require a VA Regional Office (RO) to obtain the Veteran's complete Counseling/Evaluation/Rehabilitation (CER) folder. Nevertheless, while the current rating practices may not require a VA RO to obtain the complete file, the Board is not precluded from requesting the file, if deemed necessary. As such, these issues were remanded again in June 2020 in part to associate with the claims file the Veteran's complete VA vocational rehabilitation services file. In July 2020, a request was made for this file. A subsequent response indicated that, due to COVID-19 restrictions limiting access to the pertinent office, the file was unable to be retrieved. In August 2020, a letter was sent to the Veteran informing him that the file was unavailable. While the Board recognizes that the requested records may have been inaccessible for a period of time due to COVID-19 restrictions, that is not the same as finding the records are unavailable. There is no indication the records do not exist, nor is there any support for the conclusion the records cannot be located, when a search was not even done. Furthermore, the inability to access the RO by VA employees was a temporary situation, and the RO where the Veteran's file is apparently located is now accessible to employees. There is no conceivable reason why this file cannot now be obtained. Further, the Board requested in the June 2020 remand that a VA opinion be obtained regarding the functional impact of the Veteran's service-connected PTSD on his ability to work. It was requested that the examiner expressly consider the Veteran's detailed occupational history in the April 2014 VA examination report, including the Veteran's report of multiple jobs in a relatively short period and verbal altercations with a former supervisor; a favorable October 2014 unemployability statement by a VA mental health provider; and VA mental health treatment records noting difficulty working around others. In a September 2020 VA Medical Opinion Disability Benefits Questionnaire (DBQ), the examiner provided no discussion regarding the evidence listed above. As such, upon remand, an appropriate addendum should be obtained discussing the identified evidence. Finally, on remand, all outstanding VA treatment records should be associated with the claims file. The matters are REMANDED for the following action: 1. Associate with the claims file all outstanding treatment records from the VA Eastern Kansas Health Care System and all associated outpatient clinics from October 2020 to the present. 2. Associate with the claims file the Veteran's complete VA vocational rehabilitation services file. Document all requests and any negative responses, and notify the Veteran and his representative accordingly. 3. Return the claims file to the VA examiner who completed the September 2020 VA opinion. If the same examiner is not available, the file should be provided to a similarly qualified VA examiner. The examiner must comment on the functional impact of the Veteran's PTSD on his ability to work. The examiner should be asked to expressly consider and discuss the following in making any determination regarding the Veteran's occupational and social impairment: (a.) the Veteran's detailed occupational history in the April 2014 VA examination report, including the Veteran's report of multiple jobs in a relatively short period and verbal altercations with a former supervisor; (b.) the favorable October 2014 unemployability statement by a VA mental health provider; and (c.) the VA mental health treatment records noting difficulty working around others. The prior opinion in 2020 listed these items but provided no discussion of them in assessing the functional impact of the Veteran's condition on his ability to work. The examiner should provide a complete rationale for any opinions provided. If additional examination is needed, such should be provided. 4. The RO should ensure the VA examination report covers the items listed above, as this is the THIRD remand requesting this opinion. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Durham, 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.