Citation Nr: 18157589
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 10-44 235
DATE:	December 13, 2018
REMANDED
Entitlement to an initial disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1979 to August 1999.
This matter comes to the Board of Veterans’ Appeals (Board) from a July 2009 rating decision which granted service connection for PTSD, evaluated at 30 percent disabling, effective January 14, 2009.
In April 2013, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing.  A copy of the transcript is of record.
In an October 2016 decision, the Board denied entitlement to an initial disability rating in excess of 30 percent.  The Veteran appealed to the U.S. Court of Appeals for Veterans Claims (Court), and in a March 2018 memorandum decision, the Court vacated the Board’s decision and remanded the claim back for adjudication consistent with Court’s decision. 
 
Entitlement to an initial disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.
Subsequent to the December 2013 supplemental statement of the case (SSOC) and October 2016 Board decision, additional VA mental health treatment records have been associated with the Veteran’s claims file.  Evidence submitted for claims where the substantive appeal was received prior to February 2, 2013 is subject to initial review by the RO and evidence obtained by the VA, rather than submitted by the Veteran, typically requires a waiver.  See 38 C.F.R. § 20.1304 (2017).  
In an October 2018 letter, the Board requested a waiver of the recently associated VA treatment records and in a November 2018 response, the Veteran indicated that she wished initial RO consideration of the evidence.  
Without a waiver of initial RO consideration, a remand is necessary for the issuance of an SSOC that considers all relevant evidence of record associated with the claims file.  38 C.F.R. § 19.31, 19.37 (2017). 
The matter is REMANDED for the following action:
Readjudicate the claim for an increased rating for PTSD, to include evidence submitted after the last supplemental statement of the case (SSOC) in December 2013, and any additional development that may be warranted.  
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If the claim remains denied, the Veteran and her representative should be issued a SSOC.  An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Owen, Associate Counsel