Citation Nr: 21041221
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 20-05 358
DATE: July 8, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to August 23, 2018, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to September 1969.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The June 2015 rating decision granted service connection for PTSD, rated 30 percent disabling, effective December 28, 2011.  In a November 2018 Decision Review Officer (DRO) decision issued during the pendency of the appeal, a 100 percent rating was assigned effective August 23, 2018.

As the DRO decision represents a grant of the maximum possible benefit as of August 23, 2018, the appeal is satisfied from that date forward.  The Veteran has clearly indicated that he wishes to continue his appeal for a higher evaluation prior to that date.  AB v. Brown, 6 Vet. App. 35 (1993).

This matter was previously before the Board in March 2021, when it was remanded for association of complete VA treatment records with the file.

In reviewing the newly associated VA treatment records, the Board has discovered that several years of Vet Center records have not been associated with the record.  Although Jupiter Vet Center records from January 2011 to June 2012 have been associated with the claims file, the Veteran indicated in multiple VAMC records that he potentially obtained Vet Center treatment as late as 2016 (see November 13, 2014; July 14, 2016; and August 4, 2016 VAMC records). These are Federal records, and efforts to obtain them are required. Accordingly, the Vet Center records must be associated with the claims file on remand.

The matter is REMANDED for the following action:

1. Take appropriate steps to secure complete Jupiter Vet Center treatment records, including records from June 2012 through 2016.

2. Then, readjudicate the claim.  If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board if otherwise in order.

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.