Citation Nr: 20002579
Decision Date: 01/13/20	Archive Date: 01/10/20

DOCKET NO. 16-03 885
DATE: January 13, 2020

REMANDED

Entitlement to a rating in excess of 10 percent for post-traumatic stress disorder (PTSD) prior to November 13, 2015, is remanded.

Entitlement to a rating in excess of 70 percent for PTSD, as of November 13, 2015, is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 2008 to September 2012.

1. Entitlement to an increased rating for PTSD and entitlement to a TDIU are remanded.

In December 2018, the Board of Veterans’ Appeals (Board) remanded this claim to obtain outstanding medical records from the Social Security Administration (SSA). The SSA records were acquired.  However, no supplemental statement of the case was issued addressing the additional evidence acquired from SSA.  A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the Board’s remand order.  Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

1. Issue a supplemental statement of the case addressing all additional evidence acquired since the most recent supplemental statement of the case, to specifically include the SSA records.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Ziheng Zhu, Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.