Citation Nr: 21031184 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 15-07 861 DATE: May 20, 2021 REMANDED Entitlement to an initial rating in excess of 70 percent for anxiety disorder, not otherwise specified, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1987 to March 1990. In May 2017, the Veteran and his wife testified before the undersigned Veterans Law Judge. A transcript of the hearing is in the record. In July 2018, the Board remanded the case to the RO for additional development. The Veteran's appeal originally included a claim for total disability based upon individual unemployability (TDIU). After the Board's remand, a February 2020 rating decision granted TDIU effective May 31, 2014, which is the day after he last worked. This is considered a full grant of the benefit sought on the appeal for TDIU. Holland v. Gober, 10 Vet. App. 433, 436 (1997). With apologies to the Veteran, a remand is necessary to ensure that due process is followed. The Board notes the July 2018 remand included an opportunity for the Veteran to submit records from his treating psychologist, Dr. R. Anderson, who has seen the Veteran every two weeks since October 2009. The remand directed two letters be sent to the Veteran asking him to either submit Dr. Anderson's records or to submit an authorization for VA to obtain and associate the records for the Veteran's file. The RO sent the Veteran one May 2019 letter requesting these records or to submit an authorization. The RO did not send the second letter as required by the remand and the records are not part of the file. A remand by the Board imposes upon the Secretary of the VA a duty to ensure compliance with the terms of the remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). It was further held that where the remand orders of the Board are not complied with, the Board errs in failing to ensure compliance. Id. Accordingly, a remand is necessary to comply with the Board's directive and the RO must provide a second letter to the Veteran inviting him to provide Dr. Anderson's records The matter is REMANDED for the following actions: 1. Ask the Veteran to identify all outstanding treatment records relevant to his increased rating for anxiety claim. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. The request must specifically ask the Veteran to provide the records or complete a VA Form 21-4142 for authorized records from Dr. R. Anderson. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. If the Veteran submits a VA Form 21-4142 or any medical records from Dr, Anderson and/or other medical providers, the AOJ should undertake any development necessary in response to the information provided on that form. 3. Then, the AOJ should adjudicate the claim for an increased rating for anxiety disorder. If the claim is denied, the Veteran and his service representative a should be issued a supplemental statement of the case and the case should then be returned to the Board for further appellate review L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Russell P. Veldenz, 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.