Citation Nr: 21040435
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 18-50 763
DATE: July 3, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for other specified trauma and stressor related disorder (hereinafter psychiatric disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 2006 to April 2007 and from July 2007 to July 2008.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which, inter alia, continued the 30 percent rating for the Veteran's service-connected psychiatric disability.

In February 2021, the Veteran testified at a tele-hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

Entitlement to a rating in excess of 30 percent for a psychiatric disability is remanded.

At the February 2021 Board hearing, referenced above, the Veteran testified that he received ongoing treatment for his psychiatric disability from Dr. O., a psychiatrist at the Fitchburg VA Outpatient Clinic.  However, these treatment records have not been associated with the claims file.  The undersigned held the record open for a period of 60 days following the hearing to allow the Veteran's representative the opportunity to submit the outstanding records.  Unfortunately, these records were not received.  Thus, a remand is necessary.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).

Accordingly, the matter is REMANDED for the following action:

1. Obtain VA treatment records from the Fitchburg VA Outpatient Clinic, as well as any outstanding VA treatment records not already associated with the claims file.

 

 

K. Conner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Ruddy, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.