Citation Nr: 25004286
Decision Date: 03/31/25	Archive Date: 03/31/25

DOCKET NO. 17-56 285
DATE: March 31, 2025

REMANDED

A rating higher than 50 percent for posttraumatic stress disorder (PTSD) with depressive disorder prior to September 10, 2024, and higher than 70 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to December 1968, October 1969 to June 1973, and December 1977 to August 1987, with service in Vietnam.  The Veteran's service decorations include the Vietnam Service Medal, the Vietnam Campaign Medal, and the Vietnam Cross of Gallantry with Palm.

PTSD 

In its January 2024 Remand, the Board directed that records from the Veteran's treatment at a Tacoma, Washington Vet Center be obtained and associated with the record. The agency of original jurisdiction (AOJ) seeking to determine with what Vet Center the Veteran sought treatment. See January and July 2024 Subsequent Development Letters. However, Vet Center records are in the constructive possession of VA. Dunn v. West, 11 Vet. App. 462, 466-67 (1998). Thus, remand is necessary to seek the Vet Center records as identified by the Veteran in his VA treatment records. See August 2019 mental health treatment note.

While the Board regrets further delay, the matter must be remanded as there has not been substantial compliance with the Board's prior remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1. Obtain complete records from the Tacoma, Washington Vet Center which are deemed in the constructive possession of VA. Dunn v. West, 11 Vet. App. 462, 466-67 (1998). If required to obtain the requested records, request that the appellant to submit a VA Form 21-4142 specifically identifying the Tacoma Vet Center on these forms.

2. As these records are deemed in the constructive possession of VA, the AOJ should document all attempts to obtain these records. If these records cannot be obtained or do not exist, the RO must make a formal finding that the records do not exist and/or further requests for such records would be futile. All development efforts should be associated with the claims file.

 

 

Ardie A. Bland

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.