Citation Nr: 20028053 Decision Date: 04/22/20 Archive Date: 04/22/20 DOCKET NO. 14-07 363 DATE: April 22, 2020 REMANDED Entitlement to an evaluation in excess of 30 percent prior to August 12, 2015, an evaluation in excess of 50 percent from August 12, 2015 to April 18, 2019, and an evaluation in excess of 70 percent after April 18, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1950 to May 1975. This case comes to the Board of Veteran’s Appeals (Board) on appeal from a May 2011 rating decision by the Department of Veteran’s Affairs (VA) Regional Office in Montgomery, Alabama. During the pendency of the appeal, the regional officer (RO) increased the disability rating for the Veteran’s PTSD to 50 percent, effective August 12, 2015 in a November 2015 rating decision. The RO then increased the rating once again to 70 percent effective April 18, 2019 in an August 2019 rating decision. Because the RO did not assign the maximum disability rating possible, the appeal remains in appellate status and is properly before the Board. AB v. Brown, 6 Vet. App. 35 (1993). The Veteran presented testimony before the undersigned Veterans Law Judge in a September 2017 Travel Board hearing. A transcript of this hearing is of record. Entitlement to an evaluation in excess of 30 percent prior to August 12, 2015, an evaluation in excess of 50 percent from August 12, 2015 to April 18, 2019, and an evaluation in excess of 70 percent after April 18, 2019 is remanded. The Board finds remand is required in order to issue a supplemental statement of the case (SSOC). See 38 C.F.R. §§ 19.31, 19.37(a). Although an automatic waiver of Agency of Original Jurisdiction (AOJ) consideration applies to records submitted by the Veteran because the Veteran’s substantive appeal was received after February 2, 2013, the automatic waiver does not apply to the VA treatment records and VA examinations. See 38 U.S.C. § 7105 (e). In that regard, VA does not currently interpret section 7105(e) as extending to evidence that was not submitted by the Veteran, such as VA treatment records and examinations. A May 2011 rating decision granted service connection for PTSD rated 30 percent disabling. In January 2012 the Veteran filed a timely notice of disagreement. In a November 2015 rating decision, the AOJ granted an increased evaluation to 50 percent effective August 12, 2015. The Veteran disagreed and was provided a Statement of the Case (SOC) in May 2017. The issue was remanded in a March 2018 Board decision for a new VA examination. After the VA examination was completed, the Veteran was evaluated at 70 percent effective April 18, 2019 in an August 2019 rating decision. An SSOC was provided to the Veteran in August 2019. Following the most recent SSOC, additional relevant VA examinations and VA treatment records were associated with the record. Specifically, the record reflects medical treatment records after August 2019 and a September 2019 PTSD VA examination. In April 2020 the Veteran submitted a form requesting that his case be remanded to the AOJ for consideration of the newly associated evidence. As this pertinent evidence has not yet been considered by the AOJ, an SSOC must be provided.   The matters are REMANDED for the following action: Issue an SSOC addressing the claim for an evaluation in excess of 30 percent prior to August 12, 2015, an evaluation in excess of 50 percent from August 12, 2015 to April 18, 2019, and an evaluation in excess of 70 percent after April 18, 2019 for service-connected PTSD. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Ashley Ki 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.