Citation Nr: 18150898
Decision Date: 11/16/18	Archive Date: 11/15/18

DOCKET NO. 13-03 345
DATE:	November 16, 2018
ORDER
The September 13, 2018 Board decision is vacated.
FINDING OF FACT
The September 13, 2018 Board decision that denied entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD) was issued prior to the expiration of the 60-day period the Veteran was afforded in which to submit additional evidence in support of her appeal.
CONCLUSION OF LAW
The Board’s September 13, 2018 decision is vacated. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.904 (2017).
ORDER TO VACATE AND GRANT EXTENSION OF TIME TO SUBMIT ADDITIONAL EVIDENCE AND ARGUMENT
The Veteran served on active duty from December 2009 to June 2010.
The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.904 (2017).
By way of background, on July 24, 2018, the Board notified the Veteran of its request for a Veterans Health Administration (VHA) medical opinion.  The letter informed her that she had 60 days from the date of the letter to respond to the opinion and provide further evidence in support of her appeal.  On September 13, 2018, the Board issued a decision that denied entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD).  
That same day, the Veteran’s representative filed a motion to vacate the Board’s decision, arguing that the Board erred when it denied the issue on appeal prior to the expiration of the 60-day period stemming from the July 24, 2018 letter.  Additionally, in the event the motion to vacate was granted, the Veteran’s representative requested an additional 60 days following the vacatur to allow for the submission of additional evidence in support of the Veteran’s claim.
Because the September 13, 2018 Board decision was issued prior to the expiration of the 60-day period stemming from the July 24, 2018 letter, the Board finds that the Veteran was denied due process of law.  It is therefore proper to vacate the September 13, 2018 decision.
Accordingly, the September 13, 2018 Board decision that denied entitlement to service connection for an acquired psychiatric disorder other than PTSD is vacated.
Finally, the Veteran’s request for an additional 60 days from the date of notice of this decision is granted. Therefore, this matter will be held in abeyance for 60 days 


from the date of this decision to allow the Veteran or her representative to submit any additional evidence or argument.
 
V. Chiappetta
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	James R Springer, Associate Counsel