Citation Nr: 25004147
Decision Date: 03/26/25	Archive Date: 03/26/25

DOCKET NO. 16-63 319
DATE: March 26, 2025

REMANDED

Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) prior to July 10, 2020, is remanded.

Entitlement to a rating in excess of 70 percent for PTSD from July 10, 2020, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to August 1968.

This case comes before the Board of Veterans' Appeals (Board) from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In June 2024 the Board remanded the Veteran's claims pursuant to a February 2024 joint motion for remand (JMR).  The agency of original jurisdiction (AOJ) attempted to obtain copies of the Veteran's treatment records from a private physician.  The AOJ made several attempts, and each time was told that the authorization submitted was incomplete.  A review of the correspondence shows that AOJ never submitted a VA Form 21-4142 to the private provider with all the information the provider indicated must be provided in order for the records to be released.  Most recently, in November 2024, the provider informed VA that dates of treatment must be provided.  Although VA responded in December 2024, VA did not provide a clear date range and did not provide the information on a VA Form 21-4142.  Accordingly, the Veteran's claim must be remanded so that a complete authorization may be sent to the provider.  See Stegall v. West, 11 Vet. App. 268 (1998) (a remand confers upon the claimant, as a matter of law, the right to compliance with the remand directives).  

The Board notes that the Veteran seeks an increased rating for the period from April 20, 2012 to present.  Accordingly, that is the time frame which should be entered on the records request form, unless the Veteran indicates that a more limited period of time is appropriate.     

The matters are REMANDED for the following action:

Contact the Veteran and request that he provide authorization to obtain copies of the records of treatment from Dr. Daniel Palmieri.  The records request should be for the period from April 20, 2012 to present unless the Veteran indicates that a more limited time period is appropriate.  All efforts to obtain the records should be fully documented, and if the records are unavailable, the Veteran and his representative are to be notified.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jones, R. E.

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.