Citation Nr: 21069423
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-60 164
DATE: November 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from April 1967 to April 1969 and from May 1970 to January 1971, to include service in the Republic of Vietnam.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico.  

In June 2019, the Board remanded the issues of entitlement to a rating in excess of 50 percent for PTSD and entitlement to a total disability rating based on unemployability (TDIU).  In an August 2020 rating decision, the RO granted the Veteran entitlement to a TDIU.  As such, this issue is no longer before the Board.

 

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

Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.

Since issuance of the last Supplemental Statement of the Case (SSOC) in August 2020, additional VA medical records, relevant to the issue on appeal, have been associated with the Veteran's claims file. Specifically, records from the Guayama VA clinic dating from October 2019 to August 2020, were added to the clams file after the August 2020 SSOC but were not considered by the RO before the Veteran's appeal was transferred to the Board. The Board notes that applicable VA regulations require that pertinent evidence received by the RO prior to the transfer of the matter to the Board must be referred to the appropriate rating or authorization activity for review and preparation of an SSOC. 38 C.F.R. § 19.37. 

Accordingly, as the record does not show that the RO has readjudicated the claim with consideration of the additional, relevant evidence of record received prior to transfer of the record to the Board, a remand is required for the issuance of an SSOC. 38 C.F.R. § 19.31, 19.37.

The matter is REMANDED for the following actions:

1. Obtain and associate with the claims file any outstanding VA treatment records. The most recent VA treatment records date to August 2020.

2. Provide the Veteran with another opportunity to identify and/or submit any outstanding private treatment records relevant to his claims. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained.

3. Readjudicate the claim on appeal based on the entirety of the evidence.  If any benefit sought remains denied, issue a SSOC and allow the Veteran an appropriate period of time to respond.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kelsey Love, 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.