Citation Nr: 19190824
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 19-17 909
DATE: December 3, 2019

ORDER

The Motion to Vacate the Board of Veterans’ Appeals (Board) July 16, 2019, decision on the issue of entitlement to a disability rating in excess of 10 percent for posttraumatic stress disorder (PTSD) is granted.

FINDINGS OF FACT

1. On July 16, 2019, the Board issued a decision denying a disability rating in excess of 10 percent for service-connected PTSD.

2. There was an outstanding request for a stay of adjudication that was not addressed by the Board prior to the July 16, 2019 decision.

CONCLUSION OF LAW

The criteria for vacatur of the July 16, 2019 Board decision denying entitlement to a rating in excess of 10 percent for service-connected PTSD have been met. 38 U.S.C. § 7104(a); 38 C.F.R. §§ 20.904(a).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from July 1964 to July 1968.  This matter comes before the Board of Veterans’ Appeals (Board) from a May 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board may vacate an appellate decision where an appellant has been denied due process of law.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.904(a).

In its July 16, 2019, decision, the Board denied the Veteran’s claim for entitlement to a rating in excess of 10 percent for service-connected PTSD.  In October 2019, the Veteran’s attorney filed a motion to vacate that decision on the basis that there was an outstanding request for a stay of adjudication that had not been considered.

The Veteran’s attorney submitted requests for a stay of adjudication dated June 20, 2019 and July 16, 2019 which had not been associated with the file at the time of the Board’s decision.  In light of this, the Board finds that the July 16, 2019 Board decision denying entitlement to a rating in excess of 10 percent for service-connected PTSD should be vacated.  

The motion to vacate the Board’s July 16, 2019 Board decision is granted.  The Board further finds that the motion for a 90 day extension of time to submit additional evidence and argument is granted from the date of this decision.  

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Shuster, Attorney Advisor

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.