Citation Nr: 20022045
Decision Date: 03/30/20	Archive Date: 03/30/20

DOCKET NO. 17-61 868
DATE: March 30, 2020

REMANDED

The issue of entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1986 to March 1987 and January 1991 to May 1991.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In a March 2018 rating decision, the RO granted service connection for other specified trauma and stressor related disorder (claimed as anxiety and depression). 

In a July 2018 decision, the Board indicated the issue of entitlement to an acquired psychiatric disability was no longer on appeal in light of the above-mentioned award of service connection. However, the Veteran’s representative has included the issue of entitlement to service connection for PTSD among the issues presently before the Board in their October 2019 Appellate Brief. As alluded to above, service connection for PTSD has not been established. 

In this regard, the Board notes simultaneously with the award of service connection for other specified trauma and stressor related disorder in a March 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), the RO issued a Supplemental Statement of the Case (SSOC) indicating the issue of entitlement to service connection for PTSD remained on appeal. Further, the RO inquired via e-mail to the Veteran’s representative whether he would like to withdraw his service connection claim for PTSD given the award of service connection for other specified trauma and stressor related disorder. No response from the Veteran or his representative has been received, much less one requesting to withdraw the claim. Consequently, the Board finds the issue of entitlement to service connection for PTSD remains on appeal.

Since the RO issued its SSOC in March 2018, new VA treatment records have been associated with the claims file. To date, the RO has not issued another SSOC addressing these records. 38 C.F.R. § 19.31 (2019). A review of the new VA treatment records reveals at least one entry pertinent to the claim herein. See May 2018 VA Primary Care Note (noting a negative PTSD screen). As the Veteran has not waived RO consideration of these records, a remand is necessary for the issuance of an SSOC. 38 C.F.R. § 20.1305(c) (2019).

The matters are REMANDED for the following action:

1. Issue a SSOC addressing the issue of entitlement to service connection for PTSD.  

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Suh, 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.