Citation Nr: 20036446
Decision Date: 05/28/20	Archive Date: 05/28/20

DOCKET NO. 17-01 811
DATE: May 28, 2020

REMANDED

Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder is remanded.

REASONS FOR REMAND

The Veteran had active service from June 2005 to June 2016, to include service in Southwest Asia.

In August 2017, the Board denied entitlement to a rating in excess of 30 percent for PTSD, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (“CAVC” or “the Court”).  In February 2018, the Court issued an order that vacated the Board decision and remanded the claim for compliance with a Joint Motion for Remand (JMR).  In June 2018, the Board granted an increased rating of 50 percent for PTSD but denied entitlement to a rating in excess of 50 percent, which the Veteran again appealed to the Court.  In a September 2019 memorandum decision, the Court vacated the June 2018 Board decision in regard to denying a rating in excess of 50 percent for PTSD.

VA has added medical evidence into the record since the June 2018 Board decision, including a substantial amount of treatment records regarding the Veteran’s PTSD.  All of this evidence is relevant and probative to the issue on appeal.  The claim must therefore be readjudicated in a SSOC.  38 C.F.R. §§ 19.31, 20.1304(c).

The matters are REMANDED for the following action:

Issue the Veteran and his representative a supplemental statement of the case.  The SSOC must include consideration of all evidence received since the June 2018 Board decision.  Thereafter, return the case to the Board, if otherwise in order.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.