Citation Nr: 21067250
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 17-50 300
DATE: November 3, 2021

REMANDED

Whether reduction of the evaluation for post-traumatic stress disorder (PTSD) with substance abuse disorder, from 70 percent to 50 percent effective July 1, 2017 was proper is remanded.

REASONS FOR REMAND

The Veteran had active service from March 1969 to June 1970. 

This matter is before the Board of Veterans' Appeals (Board) on appeal of the April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In July 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

The reduction of the evaluation for post-traumatic stress disorder (PTSD) with substance abuse disorder, from 70 percent to 50 percent effective July 1, 2017 is remanded.

Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by the Department of Veterans Affairs (VA), and waiver of such review may not be presumed. See 38 U.S.C.§ 7104(a); 38 C.F.R. § 20.1304. 

Here, additional evidence has been added to the file by VA since the Statement of the Case (SOC) was issued in August 2017 and the matter has not been readjudicated by the AOJ in a Supplemental Statement of the Case (SSOC) since that time. The Veteran was notified in the September 2021 Correspondence that the Board received a substantial number of records since the last SSOC that were not previously considered by the AOJ and requested a waiver. However, the Veteran did not respond. Therefore, the appeal must be remanded so that an SSOC may be issued that considers all evidence of record. 38 C.F.R. § 20.1304(c).

The matter is REMANDED for the following action:

Readjudicate the issue on appeal taking into consideration all newly acquired evidence since the August 2017 Supplemental Statement of the Case. If the benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board for appellate review, after the Veteran and his representative have had an adequate opportunity to respond.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.