Citation Nr: 20008285
Decision Date: 01/31/20	Archive Date: 01/30/20

DOCKET NO. 15-39 033
DATE: January 31, 2020

REMANDED

The issue of whether new and material evidence has been received to reopen the claim for service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from July 1973 to October 1973.  

This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In a December 2019 letter, the Board notified the Veteran that additional VA treatment records had been associated with the claims file since the statement of the case (SOC).  He was advised that he had the right to request that the Agency of Original Jurisdiction (AOJ) review the additional evidence.  The Board explained that, if the Veteran did not respond in 45 days from the date of the letter, it would assume that he did not wish to have the Board decide his appeal at that time, and the case would be remanded to the AOJ for review of the evidence.  The Veteran and his representative did not reply to that letter.  Therefore, the case must be remanded, as the automatic waiver provision does not apply for evidence obtained by VA.

The matters are REMANDED for the following action: 

The case should be reviewed by the AOJ on the basis of additional evidence, including all evidence received since the September 2015 SOC.  

If the benefit sought is not granted, the Veteran and his attorney should be furnished an SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.  

 

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Kuczynski

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.