Citation Nr: 21039837 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 15-07 039 DATE: July 1, 2021 REMANDED Entitlement to an initial disability rating in excess of 30 percent prior to March 29, 2019, for posttraumatic stress disorder (PTSD) with panic attacks is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from November 1965 to August 1967. These matters come before the Board of Veterans' Appeals (Board) from a July 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Veteran testified at a videoconference hearing held before the undersigned Veterans Law Judge and a transcript of that hearing has been associated with the electronic claims file. In July 2018, the Board remanded the claims for further development. In May 2020, the Board denied entitlement to an initial disability rating in excess of 30 percent prior to March 29, 2019, for PTSD with panic attacks and denied entitlement to TDIU. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (the Court). In February 2021, the Court granted a joint motion for remand vacating and remanding the decision denying entitlement to an initial disability rating in excess of 30 percent prior to March 29, 2019, for PTSD with panic attacks and TDIU. In an August 2009 statement, Dr. Lee reported that he had been treating the Veteran for psychiatric disorders. At an April 2019 VA PTSD examination, the Veteran reported that he was hospitalized at Edgewood Hospital in January 2018 for anxiety and panic and that he sees Dr. A. at a Vet Center. The RO should obtain all records from Dr. Lee and Edgewood Hospital. The RO should also ask the Veteran to identify the Vet Center where he receives treatment and obtain the records from that facility. In July 2011, the Social Security Administration determined that the Veteran was disabled effective August 2010. At a March 2009 VA PTSD examination, the Veteran reported that he worked at the United States Postal Service until May 2009. In a June 2019 formal TDIU claim, the Veteran reported that he last worked full time at the United States Postal Service in May 2016. The RO should ask the Veteran to provide income information from 2009 to the present and obtain VA Form 21-4192 (request for employment information in connection with claim) from the United States Postal Office. The RO has also not provided him notice of the information and evidence needed to substantiate and complete this claim, to include notice of what part of that evidence is to be provided by him, and notice of what part VA will attempt to obtain. Such notice must be provided. 38 U.S.C. §§ 5103, 5103A (2012). The matters are REMANDED for the following action: 1. Ask the Veteran to identify all treatment for his psychiatric disorders since August 2009, to include the location of the Vet Center where he has been treated and dates of treatment, and any other disabilities pertaining to his TDIU claim, and obtain any identified records. Obtain the Veteran's treatment records from the Vet Center identified by the Veteran for the period of treatment identified by him. Ask the Veteran to complete a VA Form 21-4142 for Dr. Lee and Edgewood Hospital. Make two requests for the authorized records from Dr. Lee and Edgewood Hospital, unless it is clear after the first request that a second request would be futile. 2. The RO should provide the Veteran notice of the information and evidence needed to substantiate and complete a claim for TDIU, to include notice of what part of that evidence is to be provided by him, and notice of what part VA will attempt to obtain 3. Ask the Veteran to provide income information from 2009 to the present. 4. Obtain VA Form 21-4192 (request for employment information in connection with claim) from the United States Postal Service. 5. After the development in 1 through 4 is completed, the RO should undertake any necessary development on the TDIU claim and the increased rating claim for a psychiatric disorder as warranted by any additional evidence of record. 6. Thereafter, the RO must readjudicate the issues on appeal. If any benefit is not granted, the Veteran must be furnished with a supplemental statement of the case, with a copy to his counsel, and afforded an opportunity to respond before the file is returned to the Board for further appellate consideration. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Cherry, 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.