Citation Nr: 18142692
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-11 508A
DATE:	October 17, 2018
REMANDED
Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1970 to March 1972.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
Remanded Issue
Regarding the issue of entitlement to a higher initial disability rating for PTSD, a substantive appeal was received in March 2016. A supplemental statement of the case (SSOC) was issued in November 2016. The appeal was also certified to the Board in November 2016. Since that time, the Veteran submitted additional evidence, specifically private treatment records, in February 2017. 
Under 38 U.S.C. § 7105(e), for cases in which substantive appeals are received on or after February 2, 2013, if the claimant or the claimant’s representative submits evidence to the Agency of Original Jurisdiction (AOJ) or the Board for consideration in connection with the issues on appeal, the Board may consider such evidence in the first instance unless the claimant or representative requests in writing that the AOJ initially review such evidence. This automatic waiver is an exception to the general requirement of a waiver of AOJ review or an SSOC considering new pertinent evidence. See 38 C.F.R. §§ 20.1304. 
Here, although the Veteran filed his substantive appeal after February 2, 2013, he specifically requested initial AOJ consideration of the additional evidence. Thus, no waiver can be presumed and remand for issuance of an SSOC which considers the newly received evidence is required.
The matter is REMANDED for the following action:
1. Readjudicate the issue on appeal in light of all additional evidence added to the record.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Norwood, Associate Counsel