Citation Nr: 21063399
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 17-38 113
DATE: October 14, 2021

REMANDED

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD), major depressive disorder, and alcohol use disorder is remanded.

Entitlement to a rating in excess of 30 percent for bilateral hearing loss from November 1, 2012 to February 5, 2020 is remanded.

Entitlement to a rating in excess of 60 percent for bilateral hearing loss from February 5, 2020 is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Marine Corps from August 1968 to March 1970, including service in the Republic of Vietnam.

These matters come to the Board of Veterans' Appeals (the Board) on appeal following a March 2015 rating decision that continued the Veteran's 30 percent ratings for both PTSD and bilateral hearing loss. In January 2020, the Board remanded the claims, as the Veteran contended that his disabilities worsened in severity since his last Department of Veterans Affairs (VA) examinations. 

Following new VA examinations in February 2020, the Agency of Original Jurisdiction (AOJ) issued a new rating decision in April 2020, granting entitlement to a 70 percent rating for PTSD with an effective date of November 1, 2012. The AOJ also assigned a 60 percent rating for bilateral hearing loss, effective February 5, 2020. The AOJ denied entitlement to a TDIU in a May 2020 rating decision. 

The Board concludes that these matters must be remanded for additional development. The AOJ issued its most recent Supplemental Statement of the Case (SSOC) in May 2020. Subsequently, relevant evidence has been added to the record, including VA treatment records and the August 2021 VA examination and opinion. The record is silent as to a waiver of AOJ consideration of this evidence.  

An SSOC must be furnished to the Veteran when additional pertinent evidence is received after a statement of the case has been issued. See 38 C.F.R. § 19.31(b)(1). As pertinent evidence has been received since the May 2020 SSOC, the Veteran's appeal must be remanded for the AOJ to review this evidence in the first instance before the Board may issue its decision. See 38 C.F.R. § 19.31(b); see also Hickson v. Shinseki, 23 Vet. App. 394, 399 (2010).

The matters are REMANDED for the following action:

Readjudicate the issues on appeal in light of all additional evidence added to the record since the May 2020 SSOC. Provide the Veteran and his representative with an SSOC. An appropriate period should be allowed for a response. 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.M. Sachs, 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.