Citation Nr: 21041937
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-01 515
DATE: July 10, 2021

REMANDED

Entitlement to an effective date prior to March 21, 2013, for the award of a 100 percent disability evaluation for service-connected panic disorder with agoraphobia and depression is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1967 to July 1970.

This matter again comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Lakewood, Colorado.

The Board previously remanded this matter in January 2020.

1. Entitlement to an effective date prior to March 21, 2013, for the award of a 100 percent disability evaluation for service-connected panic disorder with agoraphobia and depression is remanded.

Unfortunately, another remand is required in this matter. The Board sincerely regrets the additional delay; however, further evidentiary development is necessary before the Veteran's claim can be adjudicated on the merits.

After issuance of the January 2020 Board decision, the Veteran's updated VA medical records were obtained, as the Board noted that the September 2014 VA examination reflected that the Veteran sought treatment in 2012. However, no VA medical records from 2012 are affiliated with the claims file.

In his April 2020 correspondence, the Veteran indicated that between 2005 and 2012, he sought psychiatric treatment from private providers for his service-connected panic disorder with agoraphobia and depression. See April 2020 Correspondence from Veteran (received in May 2020). Unfortunately, these private records are not currently affiliated with the claims file for the Board to review and determine whether the Veteran's increase in disability occurred within one year prior to filing his March 2013 claim.

Accordingly, the Board requests that the Veteran's private medical records related to his psychiatric disability be obtained on remand.

The matters are REMANDED for the following action:

1. The RO should request the Veteran to identify any and all private medical records related to his service-connected panic disorder with agoraphobia and depression. Appropriate efforts must be made to obtain these records if he has adequately identified them and authorized their release. He should also be invited to submit these records himself.

All actions to obtain the requested records must be fully documented in the claims file. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing.

2. After completing the foregoing development, and any other additional development deemed warranted by the RO, the RO should readjudicate the Veteran's issue of entitlement to an effective date prior to March 21, 2013, for the award of a 100 percent disability evaluation for service-connected panic disorder with agoraphobia and depression.

If the benefit sought on appeal remains denied, the RO should issue a Supplemental Statement of the Case (SSOC) to the Veteran and his representative. An appropriate period of time should be allowed for response before returning this appeal to the Board.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Seserman

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.