Citation Nr: 1321791	
Decision Date: 07/08/13    Archive Date: 07/18/13

DOCKET NO.  10-03 099	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New York, New York


THE ISSUE

Entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD) to include a mood disorder, an adjustment disorder, and a depressive disorder.  


REPRESENTATION

Appellant represented by:	New York State Division of Veterans' Affairs


ATTORNEY FOR THE BOARD

J. T. Hutcheson, Counsel



INTRODUCTION

The Veteran is the appellant in the instant appeal.  He had active service from March 1973 to April 1975.  

In January 2008, the New York, New York, Regional Office (RO), in pertinent part, denied service connection for PTSD.  In March 2013, the Board of Veterans' Appeals (Board) denied service connection for PTSD and remanded the issue of service connection for an acquired psychiatric disorder other than PTSD to include a mood disorder, an adjustment disorder, and a depressive disorder to the RO for adjudication in light of the United States Court of Appeals for Veterans Claims' (Court) holding in Clemons v. Shinseki, 23 Vet. App. 1 (2009) (finding that a claim for benefits for one psychiatric disability also encompassed benefits based on other psychiatric diagnoses and should be considered by the Board to be within the scope of the filed claim).  The Board has reviewed both physical claims files and the "Virtual VA" file so as to insure a total review of the evidence.  

This appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  The Department of Veterans Affairs (VA) will notify the Veteran if further action is required on his part.  


REMAND

In March 2013, the Board denied service connection for PTSD and remanded the issue of service connection for an acquired psychiatric disorder other than PTSD to include a mood disorder, an adjustment disorder, and a depressive disorder to the RO for initial adjudication in light of the Court's in Clemons.  In April 2013, the RO issued a supplemental statement of the case (SSOC) in which it initially adjudicated the issue of service connection for an acquired psychiatric disorder other than PTSD to include a mood disorder, an adjustment disorder, and a depressive disorder.  No previous rating decision or statement of the case (SOC) had been provided to the Veteran which addressed the issue of service connection for an acquired psychiatric disorder other than PTSD.  The Board observes that in no case will a SSOC be used to announce decisions by the RO on issues not previously addressed in a SOC.  38 C.F.R. § 19.31(a) (2012).  

Accordingly, the case is REMANDED for the following action:

Again adjudicate the issue of service connection for an acquired psychiatric disorder other than PTSD to include a mood disorder, an adjustment disorder, and a depressive disorder.  The Veteran should be informed in writing of the resulting decision and his associated appellate rights.  The issue is not considered by the Board to be perfected for appeal unless there is a notice of disagreement (NOD), a SOC, and a substantive appeal as to the issue.  

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).  

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board or by the Court for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. § 5109B, 7112 (West 2002).  



_________________________________________________
T. D. JONES
Acting Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).