Citation Nr: 22071270 Decision Date: 12/22/22 Archive Date: 12/22/22 DOCKET NO. 18-10 318 DATE: December 22, 2022 REMANDED Entitlement to an increased disability rating for posttraumatic stress disorder (PTSD) in excess of 30 percent prior to February 9, 2018 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from December 1968 to January 1972. The Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference during an August 2021 Board of Veterans' Appeals (Board) hearing. In February 2022, the Board denied an initial disability rating in excess of 30 percent for PTSD prior to February 9, 2018 and remanded part of the appeal after February 9, 2018 to obtain updated VA treatment records and to have the Veteran undergo a new VA examination for purposes of evaluating the current state of the Veteran's disability. In a March 2022 rating decision, the Regional Office (RO) increased the Veteran's initial disability rating from 30 percent to 70 percent effective February 9, 2018. The Veteran appealed the February 2022 Board hearing to the United States Court of Appeals for Veterans Claims (Court). In October 2022, the Veteran and the Secretary of VA (parties) entered a Joint Motion for Partial Remand (Joint Motion), pertaining to the period prior to February, 9, 2018 for failure to provide an adequate statement of reasons or bases for its denial. The Court granted the Joint Motion thereafter. Specifically, the parties stated that the Board found that the appropriate effective date to obtain a retrospective VA examiner's opinion was February 9, 2018, the date "the Veteran alleged a worsening of his symptoms." However, the parties noted that the Board applied the date of the Veteran's VA Form 9, Appeal to the Board (substantive appeal) wherein he reported that his condition had worsened without adequately addressing evidence of record that indicates his condition may have worsened prior to this date. The parties found that the Board must address evidence supporting the Veteran's claim of a worsened condition prior to February 9, 2018, and determine whether the Veteran is entitled to a new retrospective VA examiner's opinion as to the relevant period. Additionally, the parties noted that the Veteran filed for disability benefits from the Social Security Administration (SSA) related to his PTSD and that it may have been granted. However, the record does not contain these SSA records or attempts to obtain the records. Thus, the parties agreed that, upon remand, the Board shall ensure that reasonable efforts are made to obtain these records. The Board denied an increased disability rating in excess of 70 percent from February 9, 2018 in a July 2022 Board decision, which is not presently at issue before the Board. The Board finds that an additional retrospective opinion is not warranted relating to the period prior to February 2018. The Veteran underwent a VA psychological examination in September 2016, where the examiner performed a thorough review of the evidence, and, thereafter, there are regular VA treatment records included in the Veteran's claims file that document the Veteran's functioning through the relevant period ending in February 2018. Any retrospective opinion would be based on a review of the relevant evidence of record, which is presently available to the Board, and the determination of the appropriate rating is for the adjudicator. Thus, the Board finds the present evidence is adequate to make a determination relating to the within claim. The matter is REMANDED for the following action: 1. Attempt to obtain the Veteran's complete Social Security Administration (SSA) records, including any administrative decisions on his applications for SSA benefits and all underlying medical records. Document any negative responses received. 2. Afford the Veteran the opportunity to submit any additional evidence that may support his claim, which may include, but is not limited to, medical records, research studies, or favorable opinions from a medical professional. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Wonderling, 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.