Citation Nr: 18150734
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-17 648
DATE:	November 15, 2018
REMANDED
Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from April 1988 to March 1992.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision issued by the Department of Veterans Affairs (VA).
1. Entitlement to an initial rating in excess of 30 percent for PTSD is remanded.
Generally, claimants have a procedural right to initial consideration of new evidence by the agency of original jurisdiction (AOJ).  38 U.S.C. § 7105(e); 38 C.F.R. §§ 19.9, 20.1304(c).  The issue on appeal was last adjudicated in a March 2016 statement of the case.  Since then, VA continued to develop the appeal by providing a fee-basis VA examination in October 2017 to evaluate the current severity of the service-connected PTSD.
In September 2018, the Veteran was sent notice of this new evidence and afforded the option to waive its initial consideration by the AOJ.  The Veteran replied the following month, declining the optional waiver and requesting the appeal be remanded for such consideration.  Accordingly, remand is required for initial AOJ consideration of all new evidence.
The matter is REMANDED for the following action:
Readjudicate the appeal.  If the benefit sought remains denied, issue a supplemental statement of the case and return the case to the Board.
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mike A. Sobiecki, Associate Counsel