Citation Nr: 22017645
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 18-22 916A
DATE: March 25, 2022

REMANDED

Entitlement to a disability rating higher than 70 percent for service-connected posttraumatic stress disorder (PTSD) prior to November 13, 2012, is remanded.

Entitlement to an effective date prior to November 13, 2012, for the grant of special monthly compensation (SMC) on account of being housebound (HB) is remanded.

Entitlement to an effective date prior to November 13, 2012, for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1967 to January 1969, including in Vietnam.

In his May 2018 and March 2020 Substantive Appeals to this Board, on VA Form 9, the Veteran requested a hearing concerning these claims, and hearings accordingly were scheduled for in June 2020 and December 2021. However, he withdrew his requests in April 2020 and November 2021. 38 C.F.R. § 20.704(e).

 

1. Entitlement to a disability rating higher than 70 percent for PTSD prior to November 13, 2012, is remanded.

The Veteran submitted correspondence in July 2019 indicating he had been determined eligible for Social Security Administration (SSA) disability benefits and, as proof of this, submitted a copy of his award letter showing he was granted benefits from this other Federal agency based on his psychological symptoms. VA has a duty to obtain SSA records when it has actual or constructive notice that the Veteran is receiving benefits from this other Federal agency  provided the records are potentially relevant to his VA claim, which they are in this case. See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010); Murincsak v. Derwinski, 2 Vet. App. 363 (1992).

2. Entitlement to an effective date prior to November 12, 2012, for the grant of SMC on account of being HB is remanded.

3. Entitlement to an effective date prior to November 13, 2012, for the grant of DEA under 38 U.S.C. Chapter 35 is remanded.

These earlier-effective-date claims are "inextricably intertwined" with the increased-rating claim being remanded and, therefore, consideration of these earlier-effective-date claims must be deferred pending completion of the additional development required concerning the increased-rating claim. Harris v. Derwinski, 1 Vet. App. 180 (1991).

 

Accordingly, these claims are REMANDED for the following action:

Obtain and associate with the file all SSA records (medical and administrative) concerning this Veteran. All actions to obtain these records must be documented in the claims file. If any records cannot be obtained or are determined not to exist, the Veteran and his representative must be notified of this and it, too, documented in the claims file.

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mukherjee, Cameron B.

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.