Citation Nr: 19106912
Decision Date: 01/29/19	Archive Date: 01/29/19

DOCKET NO. 17-25 334
DATE:	January 29, 2019

REMANDED

Entitlement to service connection for schizophrenia with paranoia, claimed as secondary to service-connected major depressive disorder without psychotic features, is remanded.

Entitlement to a rating in excess of 70 percent for major depressive disorder without psychotic features is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1990 to March 1999, from April 1999 to July 2000, and from December 2000 to October 2011.  This matter comes before the Board of Veterans’ Appeals (Board) from an April 2015 rating decision.  

1. Entitlement to service connection for schizophrenia with paranoia, claimed as secondary to service-connected major depressive disorder without psychotic features, is remanded.

2. Entitlement to a rating in excess of 70 percent for major depressive disorder without psychotic features is remanded.

Since the agency of original jurisdiction (AOJ) last adjudicated the Veteran’s claims in a March 2017 statement of the case (SOC), additional VA treatment records have been added to the claims file that are pertinent to his claims.  Also after the appeal was certified to the Board, he was afforded a VA examination in November 2018 to evaluate the current severity of his major depressive disorder without psychotic features.  Neither the Veteran nor his representative has waived consideration of this evidence by the AOJ.  To afford due process to the Veteran, the claim must be remanded to allow the AOJ to consider the evidence in the first instance.  See 38 C.F.R. §§ 19.31, 19.37, 20.1304 (2018).

The matters are REMANDED for the following action:

Readjudicate the issues on appeal, considering all evidence added to the claims file since the March 2017 SOC.  If any benefit sough on appeal is not granted in full, issue the Veteran and his representative a supplemental statement of the case (SSOC) and provide the Veteran an opportunity to respond.



 

James L. March

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	L. Kirscher Strauss, Counsel