Citation Nr: 18152792
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 17-01 277
DATE:	November 27, 2018
REMANDED
Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.
Entitlement to an initial evaluation in excess of 10 percent, prior to December 31, 2015, in excess of 30 percent, beginning December 31, 2015, and in excess of 50 percent, beginning January 25, 2016, for other specified trauma and stressor disorder is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from November 1968 to November 1971.
In his October 2016 substantive appeal, the Veteran limited the issues on appeal to anxiety and panic attacks.  The Veteran acknowledged that his claims for “Staph Infection” and cancer were new claims.  Accordingly, the issues on appeal before the Board are limited to an increased rating for other specified trauma and stressor disorder and service connection for PTSD.  
Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by the Department of Veterans Affairs (VA), and waiver of such review may not be presumed.  See 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1304 (2017).  Here, additional evidence has been added to the file by VA since the Statement of the Case was issued in August 2016.  Notably, a January 2017 VA mental disorders examination and updated VA treatment records have been associated with the claims file.  Upon review, however, it is clear that the matter has not been readjudicated by the AOJ in a Supplemental Statement of the Case (SSOC) since that time.  Therefore, the appeal must be remanded so that an SSOC may be issued that considers all evidence of record.  38 C.F.R. § 20.1304(c).
The matters are REMANDED for the following action:
After undertaking any additional development deemed necessary, the AOJ should readjudicate the claims for increased rating for other specified trauma and stressor disorder and service connection for PTSD.  If any determinations on the Veteran’s claims are less than fully favorable, he must be furnished with a SSOC and given an opportunity to respond before the case is returned to the Board.
 
DONNIE R. HACHEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Schick, Associate Counsel