Citation Nr: 21065346
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 11-28 430
DATE: October 25, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to the service-connected disabilities is remanded.

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The had active service in the United States Navy from September 1964 to April 1968.  These matters are on appeal from a March 2010 rating decision.  In September 2018, October 2020, and March 2021 the Board of Veterans' Appeals (Board) remanded the appeal for additional evidentiary development.

1. Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to the service-connected disabilities is remanded.

2. Entitlement to service connection for PTSD is remanded.

The Board observes that since the Agency of Original Jurisdiction (AOJ) last adjudicated the Veteran's claims in an April 2021 supplemental statement of the case additional relevant evidence has been added to the record.  Specifically, May 2021 etiological opinions were added to the record.

In August 2021, the Board sent the Veteran a letter to clarify whether he wanted to waive AOJ consideration of the newly obtained evidence.  The Veteran did not respond to the letter.  The letter stipulates that if the Veteran does not respond the Board will remand the appeal for AOJ review.  Under 38 C.F.R. § 20.1304(c), any pertinent evidence submitted without a waiver is to be referred to the AOJ.  For this reason, the Board is remanding this case for AOJ review of the additional evidence.

The matters are REMANDED for the following action:

Readjudicate the issue on appeal with consideration of the evidence received since the most recent Supplemental Statement of the Case (SSOC).  If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a new SSOC and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.