Citation Nr: 20009737
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 16-57 474
DATE: February 6, 2020

REMANDED

Entitlement to an initial rating in excess of 30 percent prior to September 15, 2016 and in excess of 70 percent thereafter for service-connected posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1980 to March 1989.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania, which granted service connection for PTSD and assigned a 30 percent rating from March 25, 2013.  The Veteran disagreed with the assigned rating and he subsequently perfected a timely appeal.

In a September 2016 rating decision, the RO increased the assigned initial rating to 70 percent from September 15, 2016.  The Veteran has not expressed satisfaction with the increased initial rating; this case thus remains in appellate status.  See AB v. Brown, 6 Vet. App. 35, 38 (1993) (when a veteran is not granted the maximum benefit allowable under the VA Schedule for Rating Disabilities, the pending appeal as to that issue is not abrogated).

In August 2019, the Veteran presented sworn testimony during a videoconference hearing, which was chaired by the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the Veteran’s VA claims file.

1. Entitlement to an initial rating for service-connected PTSD in excess of 30 percent prior to September 15, 2016 and 70 percent thereafter is remanded.

VA treatment records dated December 2015 through January 2019, as well as a VA psychological examination dated July 2017 were associated with the Veteran’s claims file following the issuance of the September 2016 statement of the case (SOC).  This evidence pertains to the Veteran’s service-connected PTSD.  The Veteran was sent a letter in December 2019 inquiring as to whether he wanted to waive the Agency of Original Jurisdiction (AOJ)’s initial review of the additional evidence.  He was informed that he had 45 days from the date of the letter to respond.  If he did not respond, the Board would remand the appeal to the AOJ for review of the additionally added evidence.

The Veteran did not respond to the December 2019 letter.  The Board must therefore remand this matter for the RO to first consider that VA-generated evidence.  38 C.F.R. § 20.1304(c).

The matters are REMANDED for the following action:

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After completing any additional notification and/or development deemed warranted, readjudicate the claim on appeal in light of all pertinent evidence and legal authority.  If any benefit sought is not granted, the Veteran and his representative must be furnished with a supplemental statement of the case and afforded the appropriate time period for response before the claims file is returned to the Board for further appellate consideration.

 

 

K. Conner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. K. Buckley, 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.