Citation Nr: 18160143
Decision Date: 12/27/18	Archive Date: 12/26/18

DOCKET NO. 17-05 951
DATE:	December 27, 2018
REMANDED
Entitlement to an initial disability evaluation in excess of 50 percent for posttraumatic stress disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1968 to June 1970.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in September 2016 by the Department of Veterans Affairs (VA) Regional Office (RO).  A Notice of Disagreement was received in September 2016.  In October 2016, a Statement of the Case was issued, and, in January 2017, the Veteran filed his substantive appeal (via a VA Form 9).
The Veteran requested a BVA video hearing on his VA Form 9.  The Veteran withdrew his hearing requests for a Board hearing and RO hearing via phone contact documented on a Report of General Information Form VA 21-0820 dated January 19, 2018.
1. Entitlement to an initial disability evaluation in excess of 50 percent for posttraumatic stress disorder is remanded.
VA Mental health treatment records were received following the issuance of the Veteran’s most recent January 2018 Supplemental Statement of the Case.  No Supplemental Statement of the Case was rendered. VA treatment records are not waivable. While the Board regrets the delay, a remand is required in order to allow the Regional Office to review the new evidence and to issue an SSOC to the Veteran and his representative.
The matter is REMANDED for the following action:
The case should again be reviewed by the RO/AOJ on the basis of the additional evidence-to specifically include all new evidence associated with the record since the January 2018 Statement of the Case, including the newly obtained VA treatment records. If the benefit sought is not granted, the RO/AOJ should furnish the Veteran and his representative a supplemental statement of the case and a reasonable opportunity to respond before returning the record to the Board for further review.
 
DEBORAH W. SINGLETON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Hoover, Associate Counsel