Citation Nr: 22016452 Decision Date: 03/22/22 Archive Date: 03/22/22 DOCKET NO. 18-49 123 DATE: March 22, 2022 REMANDED Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with alcohol abuse disorder is remanded. Entitlement to a rating in excess of 30 percent for atypical headaches with migraine features is remanded. Entitlement to a rating in excess of 40 percent for lumbar strain is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2004 to November 25, 2007 and November 28, 2007 to November 2010. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a hearing before the undersigned. A copy of the transcript of that hearing has been associated with the claims file. 1. Entitlement to an initial rating in excess of 70 percent for PTSD with alcohol abuse disorder is remanded. 2. Entitlement to a rating in excess of 30 percent for atypical headaches with migraine features is remanded. 3. Entitlement to a rating in excess of 40 percent for lumbar strain is remanded. In an April 2019 letter, A. H. Brodhead, a readjustment counseling therapist, indicated that the Veteran had been a patient at the Veteran's Center (Vet Center) in Milwaukee, WI since October 2014. See April 2019 Third Party Correspondence. In addition, during the August 2021 Board hearing, the Veteran testified that he attended individual counseling sessions at the Vet Center in Milwaukee and indicated that he continued to attend videoconference appointments during the COVID-19 pandemic. See August 2021 Hearing Transcript, pages 7-8. However, with the exception of the April 2019 letter, treatment records from the Vet Center in Milwaukee have not been associated with the claims file. As such, the Board finds that a remand is required to obtain these records. The Board further notes that an October 2017 letter indicates that the Veteran was authorized to receive chiropractic care under the Veterans Choice Program, and during the August 2021 Board hearing, the Veteran reported that he was receiving treatment from a local chiropractor. See February 2018 CAPRI; August 2021 Hearing Transcript, page 12. However, these private treatment records are not associated with the Veteran's claims file. As such, the Board finds that a remand is also necessary to obtain these records. Lastly, a review of the record shows that the Veteran receives regular treatment at his local VA Medical Center. To this end, during the August 2021 Board hearing, the Veteran testified that he relocated from Wisconsin to Wyoming approximately one year prior to the date of the hearing. See August 2021 Hearing Transcript, page 7. However, the most recent VA medical records in the claims file are dated in May 2019, and no VA treatment records from Wyoming have been associated with the claims file. See May 2019 CAPRI. Thus, in order to adequately adjudicate the claim on appeal, the Board finds that a remand is also necessary to obtain updated VA medical records. 38 U.S.C. § 5103A. 4. Entitlement to a TDIU is remanded. In March 2019, the Veteran reported that his service-connected PTSD, atypical headaches with migraine features, and lumbar strain prevented him from securing or following substantially gainful employment. See April 2019 VA Form 21-8940 Veterans Application for Increased Compensation Based on Unemployability. Thus, the Board finds that the issue of entitlement to a TDIU is part and parcel of the Veteran's claims for increased disability ratings. See Rice v Shinseki, 22 Vet. App. 447 (2009). However, as the issues on appeal are being remanded, consideration of the Veteran's claim of entitlement to a TDIU, at this juncture, would be premature as the issue of TDIU. Accordingly, the Board will defer TDIU adjudication. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from the Veteran's VA treatment facilities and all private treatment records from the Veteran not already associated with the file. Specifically, attempts should be made to obtain any VA medical records dated from May 2019 to the present from VA Medical Centers in Wisconsin and Wyoming; medical records from the Veteran Center in Milwaukee, WI dated from October 2014 to the present; and any private treatment records related to chiropractic care. If any treatment records are unavailable, issue a formal finding of unavailability and notify the Veteran so that he can submit any medical records in his possession. 2. Thereafter, if the benefits sought are not granted in full, readjudicate the claims on appeal, to include the claim for a TDIU. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Justis, 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.