Citation Nr: 22012606
Decision Date: 03/04/22	Archive Date: 03/04/22

DOCKET NO. 17-26 791
DATE: March 4, 2022

REMANDED

The issue of entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to January 30, 2017, is remanded.

The issue of entitlement to a disability rating in excess of 70 percent for PTSD, on and after January 30, 2017, is remanded. 

The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1987 to May 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

During the appeal period, the Veteran submitted a formal application for a TDIU where he indicated that the service-connected disability on appeal precluded employability. See August 2014, VA Form 21-8940. Accordingly, the issue of entitlement to a TDIU has been added to the appeal pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009).

The Board notes that the Veteran requested a hearing in his May 2017 VA Form 9; however, he withdrew his request in written correspondence received in October 2017. Therefore, the Veteran's hearing request is deemed withdrawn.

As a final preliminary matter, the Veteran's September 2021 Motion to Advance on the Docket (AOD) was granted in February 2022. 

1. Entitlement to an increased disability rating for PTSD.

2. Entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran was afforded a VA examination to assess the severity of his PTSD in April 2019. In the report, the examiner stated that that the Veteran "was most recently seen by his VA Psychiatrist on 09/27/2018." Because the claims file does not contain any VA medical records after March 2017, a remand is necessary to obtain the Veteran's missing treatment records. 

The matters are REMANDED for the following action:

1. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for the issue on appeal. The Veteran should also be notified that he may submit evidence or treatment records to support his claim. 

The Board is particularly interested any outstanding records of VA medical treatment (generated after the last treatment notes of record). The AOJ should attempt to obtain any such records. All efforts to obtain such records should be documented in the claims folder. 

All available records should be associated with the Veteran's VA claims folder.

2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claim in light of any additional evidence added to the record.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. 

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Oquendo, L., 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.