Citation Nr: 25003552 Decision Date: 03/13/25 Archive Date: 03/13/25 DOCKET NO. 20-25 737 DATE: March 13, 2025 REMANDED The appeal regarding entitlement to an evaluation higher than 30 percent for posttraumatic stress disorder (PTSD) prior to April 23, 2020 is remanded. The appeal regarding entitlement to an evaluation higher than 70 percent for PTSD from April 23, 2020 is remanded. REASONS FOR REMAND The Veteran had active service from July 1982 to January 2005. This matter comes before the Board of Veterans' Appeals (Board) from an April 2018 rating decision by the Agency of Original Jurisdiction (AOJ). In January 2024, the Board denied an evaluation higher than 30 percent for PTSD prior to April 23, 2020, and awarded an evaluation of 70 percent, but no higher, from that date. The Veteran appealed the Board's January 2024 decision as to those matters to the U.S. Court of Appeals for Veterans Claims (Court). In November 2024, the Court granted the parties' joint motion for remand (JMR), vacating the matter as to an evaluation for PTSD higher than 30 percent prior to April 23, 2020 and an evaluation higher than 70 percent from that date. These matters were remanded to the Board for action consistent with the terms of the JMR. The parties to the JMR agreed that the Board erred in failing to address whether VA had met its duty to assist regarding any outstanding relevant treatment records. In this regard, they noted that the record contained a December 2020 VA mental health evaluation report that noted treatment by a psychiatrist in Korea, as well as a July 2017 medical certificate from Dr. Choi containing a diagnosis of PTSD. The parties also noted that an April 2020 report by F.N., Ph.D. indicated that this provider had interviewed the Veteran and obtained information pertaining to his PTSD. Given evidence suggesting relevant outstanding treatment records, the Board finds that remand is required to assist the Veteran in obtaining any such records. The matter is REMANDED for the following action: 1. Request that the Veteran provide or identify any additional non-VA treatment records that are relevant to his claim of entitlement to higher evaluations for PTSD, copies of which then should be sought. Such records include, but are not limited to, records from Dr. F.N., records from Dr. Choi, and records from any mental health treatment provider in Korea who may have treated the Veteran. For each provider identified, the Veteran should be requested to complete an appropriate release. If, after making reasonable efforts to obtain named records the AOJ is unable to secure same, it must notify the Veteran and his representative and (a) identify the specific records the AOJ is unable to obtain; (b) briefly explain the efforts that the AOJ made to obtain those records; (c) describe any further action to be taken by the AOJ with respect to the claim; and (d) inform the Veteran that she is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond. All obtained records should be associated with the evidentiary record. 2. Following completion of the above development, readjudicate the Veteran's claim, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand. If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) and afforded an appropriate period within which to respond thereto. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Barone, 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.