Citation Nr: 25005682 Decision Date: 04/25/25 Archive Date: 04/25/25 DOCKET NO. 15-43 615 DATE: April 25, 2025 REMANDED Entitlement to an effective date prior to November 28, 2008, for the award of service connection for posttraumatic stress disorder (PTSD) is remanded. INTRODUCTION The Veteran served on active duty from July 1970 to March 1972. When the above-noted matter was previously before the Board in November 2023, the issue was remanded for additional development. The case has since been returned for further appellate review. The Board also observes that by way of an April 2025 correspondence, the Veteran's representative requested the Board hold the record open for an additional 90 days to submit additional evidence. The below remand does not render appellate decisions as to the claim noted above, but rather provides for additional development necessary to the proper adjudication of this matter. In particular, the Veteran has asserted he was not provided notice of a VA examination in 1992, nor of a rating decision addressing his claim for PTSD the same year. By way of the November 2023 remand, the Board instructed the RO to initiate all indicated development to obtain the Veteran's VA examination scheduling documentation, and rating notification letter from 1992. However, as the Board will explain more fully below, the RO has not substantially complied with the November 2023 remand instructions. As such, additional development to obtain these likely important records is still needed. Therefore, this remand will not prejudice the Veteran and will also allow him the full opportunity for the presentation of additional evidence. REASONS FOR REMAND As noted above, the Board finds further development is again necessary prior to final adjudication of this matter. In the November 2023 decision, the Board instructed the RO to initiate all indicated development to obtain the Veteran's examination scheduling letter from November 1992, as well as his December 1992 rating decision notification letter. In this case, the Veteran's representative has argued the original December 1992 rating decision should not be considered final, as he has suggested the Veteran was not properly informed of his November 1992 VA examination nor his December 1992 rating decision. As such, these documents are highly probative to this matter. Following the November 2023 remand, the RO requested the Veteran's records from the Lebanon VAMC on December 4, 2023; however, the actual request is not associated with the Veteran's electronic claims file, which frustrates judicial review. The RO then obtained a response from the Lebanon VAMC on December 7, 2023, which indicated no records in CAPRI, nor vault chart were available. Thereafter, in January and September 2024, the RO solicited additional records from the Veteran. The RO then wrote the Veteran a third letter in January 2025, which indicated a request for the Veteran's paper claims folder was sent to the "VA Folder Location" on January 22, 2025. However, the RO explained a response from that location was received, which indicated the Veteran's paper claims folder was electronically uploaded in December 2008. This unfortunately, does not comply with the Board's prior instruction to obtain the Veteran's paper file and review that file for additional materials. Additionally, as it is unclear whether the RO merely asked for Lebanon VAMC records from November 1992, rather than for all records related to the Veteran's November or December 1992 VA examination scheduling, the RO should ensure no additional records exist from the Lebanon VAMC relative to the Veteran's 1992 examination scheduling. Finally, the Board notes the RO has not drafted a formal finding of unavailability relative to the Veteran's outstanding VA examination scheduling materials or paper claims file as instructed in the November 2023 decision. A remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, these matters are REMANDED for the following actions: 1. Undertake appropriate development to obtain any outstanding VA examination scheduling information relative to the Veteran's missed November or December 1992 VA examination. In particular, the RO must submit a VA 10-7131 Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action Requests to the Lebanon VAMC to determine if additional paper examination scheduling documentation exists from that facility. 2. Also, obtain the Veteran's paper claims file, and review to determine whether a rating decision notification letter exists following the December 1992 rating decision at issue. (Continued on the next page) ? 3. If any requested records are not available, a formal finding of unavailability should be prepared for the record, which outlines all efforts to obtain those records, and the Veteran and his attorney must be notified in accordance with 38 C.F.R. § 3.159 (e). T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Fraser, Gordon 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.