Citation Nr: 21031140
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 15-01 821
DATE: May 20, 2021

REMANDED

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

Entitlement to service connection for a right shoulder condition is remanded.

Entitlement to service connection for a right arm condition is remanded.

Entitlement to service connection for a left ankle condition is remanded.

Entitlement to service connection for tinnitus is remanded.

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for gastroesophageal reflux disease is remanded.

Entitlement to service connection for erectile dysfunction is remanded.

Entitlement to service connection for dermatitis of the face is remanded.

Entitlement to a total disability rating based on individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1995 to May 2006 and from June 2006 to November 2010.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran previously requested a Board hearing, which was scheduled for May 14, 2018. In May 2018 correspondence, the Veteran's representative requested that the hearing be "postponed for the next available date" because he was unable to get in contact with the Veteran. Accordingly, VA rescheduled the hearing for May 13, 2019. However, the Veteran did not appear at that hearing before the Board.  As such, the request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.704(d) (2020).

The record reflects that the Veteran seeks treatment at a VA medical facility. However, the only treatment records available for review are dated from April 2011 to July 2011. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.

The matters are REMANDED for the following actions:

1. Obtain the Veteran's VA treatment records for the period from July 2011 to the present. Associate any records obtained with the Veteran's claims file.

2. After completing the above, and any other development as may be indicated, the Veteran's claims should be readjudicated based on the entirety of the evidence.  If the claims remain denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 

 

Stephanie M. Owen

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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.