Citation Nr: 1323145	
Decision Date: 07/19/13    Archive Date: 07/24/13

DOCKET NO.  08-29 769	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Roanoke, Virginia


THE ISSUE

Entitlement to an initial rating in excess of 30 percent and in excess of 50 percent from April 6, 2011 for posttraumatic stress disorder (PTSD).


REPRESENTATION

Veteran represented by:	Veterans of Foreign Wars of the United States


WITNESS AT HEARING ON APPEAL

Veteran


ATTORNEY FOR THE BOARD

Jennifer R. White, Counsel


INTRODUCTION

The Veteran served on active military duty from July 1964 to July 1967 and from July 1967 to July 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2007 rating action of the Department of Veterans Affairs Regional Office (RO) in Cleveland, Ohio.  

In January 2011, the Veteran testified before the undersigned at a Board Central Office hearing.  A transcript of the hearing has been associated with the file. 

The Veteran's claim was previously remanded in February 2011.

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the Veteran if further action is required.


REMAND

The prior remand indicated that Vet Center records should be requested and associated with the claims file.  These records were received on July 16, 2012 at the RO.  The most recent supplemental statement of the case was dated May 31, 2012 and the most recent rating decision was dated June 18, 2012.

The Informal Hearing Presentation from the Veteran's representative notes that the Vet Center records were apparently not considered in the most recent adjudicatory documents.  The Veteran's representative requested remand for consideration of such records and specifically declined to waive RO/AMC jurisdiction.

Thus, the Board is compelled to remand the Veteran's claim once again for the promulgation of an additional adjudicatory document with specific consideration of the most recently received Vet Center records.

Accordingly, the case is REMANDED for the following action:

1.  Return the claims file to the April 2011 VA examiner for an addendum to consider the Vet Center records received in July 2012.  The examiner should indicate what if any changes in the psychiatric evaluation are made in view of the new evidence.  If the examiner is unavailable, the case should be referred to another examiner for comment.  If deemed necessary, another VA examination should be accomplished.  

2.  Re-adjudicate the claim for an initial increased rating for PTSD with specific consideration of the Vet Center records received in July 2012.  If the decision remains in any way adverse to the Veteran, provide a supplemental statement of the case (SSOC) to the Veteran and his representative.  The SSOC must contain notice of all relevant actions taken on the claim for benefits, to include the applicable law and regulations considered pertinent to the issue remaining on appeal.  An appropriate period of time should be allowed for response.

The Veteran has the right to submit additional evidence and argument on the matter or matters 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 of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate 

action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
THOMAS J. DANNAHER
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  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).