Citation Nr: 20030135 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 16-52 705 DATE: April 29, 2020 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with secondary alcohol use in full sustained remission is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1967 to October 1970, including in the Republic of Vietnam. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Wilmington, Delaware, which denied a rating in excess of 50 percent for PTSD with secondary alcohol use in full sustained remission. The Veteran’s notice of disagreement was received by VA in October 2015. Following the issuance of a Statement of the Case in August 2016, the Veteran perfected a timely appeal via his submission of a VA Form 9 in September 2016. On his VA Form 9, the Veteran requested a Board hearing at the RO. In a February 2020 letter, the Veteran was notified that his requested Board hearing had been scheduled for April 1, 2020. In a statement received later in February 2020, however, the Veteran indicated that he wished to withdraw his hearing request. He further indicated that “I am wanting to withdraw my appeal.” Attached to his statement, however, the Veteran included a completed VA Form 21-8940, Application for Increased Compensation Based on Unemployability, on which he alleged that he had been unable to work since 2014 due to his service-connected PTSD and diabetes mellitus. Given these facts, the Board is unable to find that the Veteran’s February 2020 statement was an unambiguous withdrawal of the instant appeal which was done with a full understanding of the consequences of such action. DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011). The Veteran is advised that if he would, in fact, like to withdraw this appeal, he should, with the assistance of his representative if necessary, provide a clear written statement indicating that he wishes to withdraw this appeal. 1. Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with secondary alcohol use in full sustained remission is remanded. Since the RO last considered this claim in the December 2016 Supplemental Statement of the Case, additional, relevant evidence has been added to the record, to include VA clinical records dated from March 2008 to March 2020 reflecting treatment for PTSD. As this relevant VA-generated evidence was not submitted by the Veteran or his representative, the automatic waiver provision of 38 U.S.C. § 7105(e) does not apply and a remand is necessary for initial review of this evidence. In addition, the Board notes that a review of the record reflects that the RO is in the process of scheduling an examination to determine the current severity of the Veteran’s service-connected PTSD, apparently in connection with the Veteran’s TDIU application. The results of that examination should be considered before returning the appeal to the Board. The matters are REMANDED for the following action: 1. After considering the additional evidence discussed above, including the results of the upcoming scheduled VA examination, readjudicate the claim. If the benefit sought remains denied, issue a Supplemental Statement of the Case and provide the Veteran and his representative the requisite period of time to respond. The case should then be returned to the Board for further appellate review, if otherwise in order. K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Kleponis, 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.