Citation Nr: 20051583
Decision Date: 08/04/20	Archive Date: 08/04/20

DOCKET NO. 13-08 738
DATE: August 4, 2020

REMANDED

An initial rating in excess of 70 percent for an acquired psychiatric disability is remanded.

REASONS FOR REMAND

The Veteran had active service from April 1966 to November 1970. 

This appeal comes from a December 2009 rating decisions. The claim was last before the Board of Veterans’ Appeals in January 2019, whereupon the Board issued a decision denying entitlement to rating higher than 70 percent for the Veteran’s acquired psychiatric disability. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a Joint Motion for Remand (JMR) issued in January 2020, the Court vacated the Board’s decision and remanded the issue of entitlement to increased rating for the Veteran’s acquired psychiatric disability to the Board.

An initial rating in excess of 70 percent for an acquired psychiatric disability is remanded.

In March 2020, the Veteran’s representative submitted a statement requesting a remand for the agency of original jurisdiction (AOJ) to consider newly submitted evidence. Furthermore, the representative requested credentials of examiners that conducted VA examination. For these reasons, the Board finds that a remand is necessary before the claim can be adjudicated. 

The matters are REMANDED for the following action:

1. To the extent possible, request the credentials of the March 2017, July 2011 and November 2009 VA examiners and provide them, as allowed by law, to the Veteran and his counsel. 

2. Readjudicate the issue on appeal in light of the additional evidence added to the record since the September 2017 Supplemental Statement of the Case. 

 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Solomon

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.