Citation Nr: 21040414
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 16-35 314
DATE: July 3, 2021

REMANDED

Entitlement to an increased rating greater than 50 percent for schizophrenia prior to October 27, 2015 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1987 to December 1991 with additional National Guard and Reserve service.  He appealed a July 2020 Board of Veterans' Appeals (Board) decision denying entitlement to an increased rating greater than 50 percent for schizophrenia prior to October 27, 2015.  In April 2021, pursuant to a Joint Motion for Partial Remand (JMPR), the Court vacated and remanded that part of the July 2020 Board decision.  The appeal is now back before the Board.

The evidentiary record in this case appears incomplete.  VA's duty to assist includes assisting the claimant in the procurement of relevant records.  38 U.S.C. § 5103(a); 38 C.F.R. § 3.159(c).  Where the record contains notice to VA that a Veteran has private medical records, 38 C.F.R. § 3.159(c)(1) extends VA's duty to assist in obtaining the sufficiently identified, relevant private records.  Here, the Veteran stated he received psychiatric treatment from Dr. R.B.  See May 2015 VA correspondence.  Dr. R.B. submitted a private medical opinion in June 2014 and VA appears to have assumed these were the full treatment records and the record reflects the AOJ attempted to acquire Dr. R.B. records.  See January 2018 subsequent development letter ("we received partial records covering from June 2014 to December 2017").  However, only private psychiatric records from November 2016 to December 2017 are of record and the Veteran stated in August 2017 that he had "nine years' worth" of records from Dr. R.B., which would cover the time period currently under appeal.  As such, the Board must remand for the AOJ to make reasonable efforts to obtain these relevant private records.  See Sullivan v. McDonald, 815 F.3d 786 (2016).

The matters are REMANDED for the following action:

1. Obtain all relevant private psychiatric treatment records that have not already been associated with the claims file, including, but not necessarily limited to, the Veteran's psychiatric records from Richard Bralliar D.O., Bralliar Psychiatric Associates prior to October 27, 2015.  If any identified records are not obtainable, or none exist, the Veteran and his representative should be notified and the record clearly documented.

2. Thereafter, readjudicate the claim.  If any benefit sought remains denied, provide the Veteran and his representative with a Supplemental Statement of the Case (SSOC), and return the case to the Board.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Bona, Associate 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.