Citation Nr: 20021444
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 18-00 781
DATE: March 25, 2020

REMANDED

Entitlement to an initial rating higher than 50 percent for posttraumatic stress disorder (PTSD), excluding any temporary total rating periods for convalescence pursuant to 38 C.F.R. § 4.29, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1990 to June 1994 and from February 2010 to July 2010.

This case is not yet ready for appellate consideration.  A remand is necessary for the RO to readjudicate the claims in light of new relevant VA evidence, which was added to the claims file without a waiver of Agency of Original Jurisdiction (AOJ) initial consideration.  

The record shows that the RO issued a statement of the case (SOC) for this appeal in September 2017; subsequently however, relevant VA treatment records as well as a December 2019 PTSD VA examination were associated with the claims file, with no subsequent supplemental statement of the case (SSOC).

In January 2020, the Board attempted to solicit a waiver of AOJ consideration from the Veteran; however, to-date, neither the Veteran nor his representative submitted a waiver of AOJ consideration.  Therefore, the Board may not consider the evidence in the first instance.  38 C.F.R. § 20.1304(c) (2019).

The matters are REMANDED for the following action:

1.  Ensure that all outstanding VA treatment records are associated with the claims file.

2.  Then, readjudicate the claim on appeal while ensuring that all evidence added to the file after the last RO adjudication is considered.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Yaffe, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.