Citation Nr: 18153789
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-21 641
DATE:	November 29, 2018
ORDER
Entitlement to an initial rating in excess of 30 percent for post-traumatic stress disorder (PTSD) with alcohol use disorder prior to March 15, 2016, is remanded. 
Entitlement to a disability rating in excess of 70 percent for PTSD with alcohol use disorder from March 15, 2016, to the present, is remanded.
Entitlement to an effective date earlier than February 12, 2013, for the award of service connection for PTSD with alcohol use disorder is remanded.
REMAND
The Veteran served on active duty from September 2002 to March 2007.
This case comes before the Board of Veteran’s Appeals (Board) from the Veteran’s disagreement with the August 2014 rating decision which granted a 30 percent disability rating for PTSD effective February 12, 2013.  In a December 2016 Supplemental Statement of the Case (SSOC) the AOJ, in response to additional medical evidence submitted by the Veteran, increased the disability rating to 70 percent effective March 15, 2016.  As the Veteran has not received a total grant of the benefit sought on appeal, the issue of PTSD remains before the Board.  See AB v. Brown, 6 Vet. App. 35 (1993). 
A review of the record shows that evidence relevant to the Veteran’s appeal, including numerous CAPRI records, was received after the issuance of the August 2017 SSOC.  Moreover, while some of the evidence was received prior to certification of the case to the Board, additional evidence pertaining to the issue was received after certification to the Board.  As no waiver has been submitted for evidence submitted post-certification, and the AOJ did not issue a SSOC to address the additional evidence, the Board finds a remand is warranted in order to ensure the Veteran is afforded all due process considerations.  See 38 C.F.R. § 19.31 (b)(1) (2018).
The matter is REMANDED for the following action:
1.  The AOJ should obtain any relevant outstanding VA treatment records.  All obtained records should be associated with the evidentiary record.
2.  Then, readjudicate the claim, to include consideration of the associated CAPRI records and all additional relevant evidence submitted after the August 2017 SSOC.  After the above development is completed, if the benefits sought on appeal remain denied, the Veteran should be issued an SSOC and be provided an appropriate opportunity to respond, before the case is returned to the Board.
 

 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Gresham, Law Clerk