Citation Nr: 18158951
Decision Date: 12/19/18	Archive Date: 12/18/18

DOCKET NO. 17-19 629
DATE:	December 19, 2018
REMANDED
Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) and depressive disorder, not otherwise specified (NOS), is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S Army from September 1966 to September 1968.  His decorations include the Vietnam Service Medal and the Combat Infantryman Badge.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.
Entitlement to a rating in excess of 50 percent for PTSD and depressive disorder, NOS, is remanded.
The Veteran contends that his PTSD and depressive disorder are more severe than reflected by the currently assigned rating.  He reports that his symptoms have increasingly worsened since he separated from military service. 
An SSOC must be furnished to an appellant and his representative when the agency of original jurisdiction (AOJ) adds pertinent evidence to the record after a statement of the case or SSOC has been issued and before the appeal is certified to the Board. 38 C.F.R. § 19.31. In this case, the AOJ associated additional, pertinent VA medical records with the Veteran’s claims file in August 2017, following issuance of the last SSOC and prior to certification.  Under the circumstances, the case must be remanded so that the AOJ can consider the evidence in the first instance. See Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003); 38 C.F.R. § 20.1304.
This matter is REMANDED for the following action:
1. Obtain copies of records pertaining to any relevant VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.
2. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued an SSOC.  An appropriate period of time should be allowed for response.
 
DAVID A. BRENNINGMEYER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	O. Owolabi, Law Clerk