Citation Nr: 21041902 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 16-41 008A DATE: July 10, 2021 REMANDED Entitlement to a rating in excess of 50 percent prior to July 18, 2019 for service-connected PTSD is remanded. Entitlement to a TDIU is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1969 to March 1972, to include service in the Republic of Vietnam. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). For TDIU, the Board found in October 2019 that the issue of TDIU has been raised by the record. See Rice v. Shinseki, 22 Vet. App. 447 (2009). In December 2018 and October 2019, the Board remanded this case for further development. Thereafter, a May 2020 rating decision increased the Veteran's rating for PTSD prior to July 18, 2019 to 50 percent, and 100 percent starting July 18, 2019. Thus, only the Veteran's increased rating claim for the period before July 18, 2019 is on appeal, because the period after July 18, 2019 has been granted in full. Additionally, the Board notes a March 2021 supplemental statement of the case denied the Veteran's claim for TDIU on an extraschedular basis prior to July 18, 2019. 1. Entitlement to a rating in excess of 50 percent prior to July 18, 2019 for service-connected PTSD is remanded. Although the Board regrets further delay, a remand is necessary to ensure there is a complete record upon which to decide the Veteran's appeal so that he is afforded every possible consideration. In October 2019, the Board remanded this claim to obtain outstanding private treatment records. The Veteran submitted VA Form 21-4142, Authorization for Release of Information in May 2016. The form indicated that the Veteran authorized VA to obtain his private medical records from 1999 until the present from Dr. H.S. of the Healthcare Partners Medical Group in Van Nuys, California. In response to the VA's request for private treatment records in December 2019 correspondence, the Veteran resubmitted his VA Form 21-4142 from May 2016. However, this authorization has expired, and the VA could not request the Veteran's private treatment records. A new VA Form 21-4142 is required. Thus, a remand is needed to give the Veteran another opportunity to submit a new VA Form 21-4142 to allow the VA to request his outstanding private treatment records. 2. Entitlement to a TDIU is remanded. Since the Board is remanding the Veteran's claim for an increased rating for PTSD, any potential future assignment of disability ratings and effective dates for PTSD will impact the adjudication of the TDIU claim. For this reason, this issue must be resolved prior to the resolution of the claim for TDIU. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. The RO should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for the disorders on appeal, to include Dr. H.S. of the Healthcare Partners Medical Group in Van Nuys, California. The RO should specifically request that the Veteran submit a new VA Form 21-4142, explaining that the one he previously submitted is no longer valid. Additionally, the RO must make at least two (2) attempts to obtain records from any identified sources. If these records are unavailable, inform the Veteran and afford him another opportunity to submit any copies in his possession. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Papacalos, 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.