Citation Nr: 21069922
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-43 808
ATE: November 22, 2021

REMANDED

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

Entitlement to a rating in excess of 30 percent for coronary artery disease status post myocardial infarctions and cardiac catheterization with stent placement (heart disability) is remanded.

REASONS FOR REMAND

The veteran served on active duty from May 1968 to February 1971. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2017 rating decision.

Entitlement to a rating in excess of 50 percent for PTSD is remanded.

Entitlement to a rating in excess of 30 percent for heart disability is remanded.

A March 2006 rating decision effectuated the Board's grant of service connection for PTSD and assigned a 30 percent rating from December 27, 2000. A September 2008 rating decision granted a 50 percent rating for PTSD from June 16, 2006.

A November 2010 rating decision granted the Veteran's claim for service connection for coronary artery disease status post cardiac cath with stent placement and assigned a staged rating: 100 percent from January 28, 2004; 10 percent from March 1, 2004; 60 percent from June 7, 2007; 10 percent from August 23, 2007; and 30 percent from July 2, 2010. 

An August 2012 rating decision granted a temporary total rating of 100 percent from May 11, 2010, to August 21, 2010, based the Veteran's myocardial infarction; and assigned a 30 percent rating from September 1, 2010; also, it denied a rating in excess of 50 percent for service-connected PTSD.

In August 2016, VA received a claim for increase for service connected heart disability and PTSD. See VA Form 21-526b (August 2016). A March 2017 rating decision denied a rating in excess of 30 percent for the Veteran's service-connected heart disability and a rating in excess of 50 percent for PTSD. This appeal arises from the Veteran's disagreement with the March 2017 rating decision. See NOD (March 2017); VA Form 9 (August 2017).

To ensure due process of law, the Board finds that remand is necessary for readjudication with consideration of evidence added to file since issuance of the Statement of the Case (SOC). Here, VA has associated to the claims file additional pertinent evidence since the June 2017 SOC pertinent to the Veteran's PTSD and heart disability claims. (e.g. VA medical treatment records dated September 11, 2017 to September 6, 2018, and a VA medical examination dated October 12, 2018). The Board afforded the Veteran an opportunity to waive consideration of this evidence by the RO. See BVA Letter (September 2021). However, no response has been received. Therefore, the Board finds that remand is required so that the issues can be readjudicated with consideration of the evidence added to record and, if warranted, issuance of a SSOC. See 38 C.F.R. § 19.31(c).

(Continued on the next page)

 

The matters are REMANDED for the following action:

Readjudicate the claims based on consideration of evidence added to the file since the last SOC and, if the benefits sought are not granted in full, issue a SSOC to the Veteran and his representative.

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Pendleton, N.

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.