Citation Nr: 21075511
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 17-41 873
DATE: December 20, 2021

REMANDED

Entitlement to service connection for a skin disability is remanded. 

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

Entitlement to service connection for hypertension is remanded. 

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

REASONS FOR REMAND

The Veteran served on active duty from July 1969 to May 1980. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Following the most recent supplemental statement of the case (SSOC) in April 2020, new, pertinent evidence was added to the claims file by VA, including VA treatment records from July 2014 to November 2021 and Social Security Administration (SSA) records. Such records were not initially considered by the RO in adjudicating the Veteran's claims.

The Board sent a letter to the Veteran and his representative in October 2021, informing them that the treatment records in question were added to the file and not previously considered by the RO, and that the Veteran had the right to waive initial RO consideration of the evidence. A form for waiving initial RO review of the evidence was enclosed. The letter further stated that if the Board did not receive a response in 45 days, it would assume that the Veteran did not wish to have the Board decide the appeal and would remand it to the RO for review. Neither the Veteran nor his representative responded, and initial RO review of the records in question has not been waived. Therefore, the claims on appeal must be remanded for the RO to consider all new evidence of record. See 38 C.F.R. §§ 19.37, 20.1305(c).

The matters are REMANDED for the following action:

After completing any necessary development, readjudicate the appeal, considering all evidence of record, to include all recent treatment records. If any benefit sought remains denied, provide a supplemental statement of the case to the Veteran.

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jackman, Bridget

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.