Citation Nr: 18102407
Decision Date: 05/15/18	Archive Date: 05/15/18

DOCKET NO. 17-15 781
DATE:	May 15, 2018
REMANDED
Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 2001 to September 2005. His service awards and decorations include the Combat Action Badge.
The Board notes that the RO issued its statement of the case (SOC) in February 2017 and thereafter, August 2017 and December 2017 VA mental health examination reports, as well as additional VA treatment records were associated with the claims file without the RO’s issuance of a supplemental statement of the case (SSOC), and neither the Veteran nor his representative submitted a waiver of AOJ consideration.  Therefore, the Board may not consider the VA-generated evidence in the first instance.  38 C.F.R. § 20.1304 (c) (2017).   
The matter is REMANDED for the following action:
1.  Ensure that all outstanding VA treatment records are associated with the claims file. 
2.  Then, readjudicate the claims on appeal, which should include consideration of all evidence received since the SOC, particularly including August and December 2017 VA examination reports, and an October 26, 2017 letter authored by J.T., M.S. noting a diagnosis of PTSD.  
If the benefits on appeal remain denied, furnish the Veteran and his representative with a copy of a SSOC and allow an appropriate time for response.

 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Yaffe, Associate Counsel