Citation Nr: 18145529
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 16-22 660
DATE:	October 29, 2018
REMANDED
Entitlement to an evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to June 26, 2015.
Entitlement to an evaluation in excess of 50 percent for PTSD on or after June 26, 2015.
Entitlement to a total evaluation based upon individual unemployability due to service-connected disabilities (TDIU).
REASONS FOR REMAND
The Veteran served on active duty from May 2003 to May 2006. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
The Board notes that additional evidence has been received since the case was last adjudicated by the RO in a March 2016 statement of the case (SOC).  The automatic waiver provision would be applicable in this case; however, the Veteran and his representative have specifically declined a waiver of the RO’s initial consideration.  In this regard, in January 2018, his representative instead requested that the claim be remanded for consideration of the new evidence.  As such, the case should be referred to the Agency of Original Jurisdiction (AOJ) for review and for preparation of an SSOC if the benefits are not granted.
The matter is REMANDED for the following action:
The AOJ should review the case, to include all evidence received since the issues were adjudicated in the March 2016 statement of the case.  In so doing, the AOJ should conduct any development deemed necessary, such as scheduling a Decision Review Officer hearing, obtaining any outstanding treatment records, and affording him a VA examination.
If the benefits sought on appeal are not granted, the Veteran and his representative should be furnished a Supplemental Statement of the Case and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
J.W. ZISSIMOS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.L. Reid, Associate Counsel