Citation Nr: 21075340
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 19-01 710
DATE: December 20, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. 

REASONS FOR REMAND

The Veteran served honorably in the United States Army from July 2000 to December 2000 and from October 2003 to March 2005.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  The transcript is of record.

1. Entitlement to a rating in excess of 30 percent for PTSD. 

The Veteran contends that his PTSD symptomology is worse than the rating currently assigned.  His claim for an increased rating was received by VA in July 2018.       

The Board finds that a remand is necessary to issue a Supplemental Statement of the Case (SSOC).  The record shows that, following the certification of appeal to the Board in February 2019, the AOJ obtained a new VA examination for the Veteran's PTSD in March 2020 and additional VA treatment records regarding his mental health treatment were associated with the claims file.  The RO has not readjudicated this claim nor has it issued an SSOC.  An SSOC is required to ensure due process of law.  38 C.F.R. §§ 19.31, 19.37.  There is no evidence in the record indicating that the Veteran or his representative has waived this right.  Therefore, the Board finds a remand is necessary for the issuance of an SSOC.  38 C.F.R. §§ 19.9, 19.31 (c).

2. Entitlement to a TDIU due to service-connected disabilities. 

In the case of Rice v. Shinseki, 22 Vet. App. 447, 455 (2009), the Court held that a claim for TDIU due to service-connected disabilities is part and parcel of an increased rating claim when such claim is raised by the record.  The Board finds that the issue of TDIU has been raised by the record.  As such, a remand is required for further development.  

The matter is REMANDED for the following action:

1. Obtain updated VA and/or private treatment records to the extent possible.  If such records are unavailable, the Veteran's claims file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e).

2. Issue a VCAA notice letter to the Veteran concerning a claim for a TDIU.

3. Provide the Veteran with a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. 

4. Complete any additional development deemed necessary to adjudicate the issue of entitlement to TDIU. 

5. After the above development, readjudicate the Veteran's claims, with application of all appropriate laws and regulations, and consideration of any additional information obtained as a result of this remand.  All evidence since the December 2018 Statement of the Case should be considered.  If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.T. Massey, 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.