Citation Nr: 18157439
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 15-41 030
DATE:	December 12, 2018
REMANDED
Entitlement to an initial disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1969 to July 1971.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in October 2014 by a Department of Veterans Affairs (VA) Regional Office (RO).
The Board notes that additional VA treatment records have been associated with the Veteran’s claims file before the case was transferred to the Board, and the AOJ has not yet considered these records in connection with the claim on appeal. Nor has the Veteran submitted a waiver of the AOJ's initial consideration of this evidence. 
Although the Veteran filed his substantive appeal in November 2015, the automatic waiver provision does not apply because this additional evidence was obtained by the AOJ and was not submitted by the Veteran.  See Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law No. 112-154, 126 Stat. 1165 (amending 38 U.S.C. § 7105 to provide for an automatic waiver of initial AOJ review of evidence submitted to the AOJ or to the Board at the time of or subsequent to the submission of a substantive appeal filed on or after February 2, 2013, unless the claimant or claimant's representative requests in writing that the AOJ initially review such evidence). As a result, the Board finds this claim must be remanded to the AOJ for initial review of the additional evidence of record. See 38 C.F.R. §§ 19.37, 20.1304(c).
Additionally, the recently obtained VA treatment records indicate that the Veteran has been attending Family & Psychological Services PTSD group sessions once per week.  These records should be obtained and associated with the claims file. 
The matters are REMANDED for the following action:
1. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for the issue on appeal.  The Veteran should also be notified that he may submit evidence or treatment records to support his claim. 
The Board is particularly interested any outstanding records of VA medical treatment (generated after the last treatment notes of record) and any records from the Family & Psychological Services PTSD group sessions. 
The AOJ should attempt to obtain any such records.  All efforts to obtain such records should be documented in the claims folder.  All available records should be associated with the Veteran’s VA claims folder.
2. After undertaking any additional development deemed appropriate, and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claim in light of any additional evidence added to the record.  If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review.
 
M. Donohue
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs