Citation Nr: 21031621
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 09-37 410A
DATE: May 24, 2021

REMANDED

Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to October 5, 2000, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1970 to October 1971. She had subsequent service in the United States Army Reserve with a period of active duty for training from January 1992 to April 1992.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2008 rating decision of a Department of Veterans' Affairs (VA) Regional Office (RO), which is the Agency of Original Jurisdiction (AOJ).  In that rating decision, the AOJ effectuated a December 2007 Board decision that assigned an earlier effective date of August 17, 1977, for the grant of service connection for PTSD.  The AOJ assigned a 30 percent evaluation for the period from August 17, 1977, to October 5, 2000.  A 100 percent evaluation was assigned from October 5, 2000.  The Veteran appealed the initial evaluation of 30 percent assigned for the period from August 17, 1977, to October 5, 2000.

In February 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge at the AOJ.  A transcript of the hearing has been associated with the record.

In August 2018, the Board remanded the case for further development.  The case has since been returned to the Board for appellate review.

In the August 2018 remand, the Board directed the AOJ, in pertinent part, to obtain any outstanding VA treatment records, to specifically include any records from the Milwaukee VA Medical Center dated from 1977 to 2000. 

In April 2020 correspondence, the AOJ informed the Veteran that her pre-2005 VA treatment records from the Milwaukee VAMC had been requested.  The AOJ noted that the Milwaukee VAMC responded stating that the information had been disclosed.  A review of the record shows a single VA outpatient treatment record dated in August 1996 from the Milwaukee VAMC, which does not pertain to the disability on appeal.  However, during the February 2018 hearing, the Veteran testified that she was treated for PTSD at the Milwaukee VAMC from 1977 to 2000, and it is unclear as to what records were specifically requested by the AOJ, to include whether the search was for records for the entire period from 1977 to 2005.  Therefore, on remand, the AOJ should make further attempts to obtain VA treatment records from the Milwaukee VAMC, specifically dated from 1977 to 2000. 

The matters are REMANDED for the following action:

1.  The AOJ should obtain any outstanding VA medical records, to specifically include any records from the Milwaukee VAMC dated from 1977 to 2000. 

If any requested records are not available, the AOJ should clearly document the claims file to the effect, to include the efforts taken, and notify the Veteran of any inability to obtain the records. 38 C.F.R. § 3.159(e).

2.  After completing this action, the AOJ should conduct any other development as may be indicated.

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Osegueda, 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.