Citation Nr: 21075047
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 14-00 079
DATE: December 17, 2021

REMANDED

Entitlement to an initial evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1990 to April 1994. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

In June 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript is of record. 

The Board remanded the case for further development in November 2017, April 2019, and November 2021.  The case has since been returned to the Board for appellate review. 

Additional evidence, including VA treatment records, has been associated with the claims file since the agency of original jurisdiction (AOJ) last adjudicated the issue on appeal in a December 2020 supplemental statement of the case (SSOC).  There is no automatic waiver for evidence obtained by VA, and the AOJ has not issued a SSOC.  

In October 2021, the Board sent a letter to the Veteran and his representative notifying them that there was additional evidence that was not previously considered by the AOJ.  They were informed that the Veteran had the right to have the AOJ review the additional evidence, but that he could waive the AOJ's initial consideration of such evidence.  The Board explained that, if the Veteran did not respond in 45 days from the date of the letter, it would assume that he did not wish to have the Board decide his appeal at that time, and the case would be remanded to the AOJ for review of the evidence.   However, to date, the Veteran and his representative have not responded.  Therefore, a remand is necessary to have the AOJ review the additional evidence in connection with the appeal to ensure due process. 

The matters are REMANDED for the following action:

The AOJ should readjudicate the issue on appeal based on all of the evidence of record, to include the additional evidence received since the December 2020 SSOC.  If the benefit sought remain denied, the Veteran and his representative should be issued an SSOC.

 

J.W. ZISSIMOS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.M. Walker

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.