Citation Nr: 21076649
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 15-13 845
DATE: December 27, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from April 1966 to April 1969.  

The Veteran appeared at a September 2018 videoconference hearing before a Veterans Law Judge.  A hearing transcript is of record.  In April 2020, the Veteran was informed that the Veterans Law Judge who had conducted the September 2018 Board of Veterans' Appeals (Board) hearing had retired, and he therefore had the right to an additional hearing before a different Veterans Law Judge.  The Veteran did not respond to the Board's notice.  

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

In October 2021, the report of an October 2021 Department of Veterans Affairs (VA) psychiatric examination was received.  In November 2021, the Board informed the Veteran of his right to waive initial Agency of Original Jurisdiction review of the additional relevant VA records.  The Board informed the Veteran that, if he did not respond within 45 days, it would be assumed that he did not wish to waive Agency of Original Jurisdiction review of the additional VA examination documentation received since the last supplemental statement of the case.  The Veteran did not respond to the Board's notice.  

The matter is REMANDED for the following action:

Readjudicate the issue of entitlement to a rating in excess of 50 percent for PTSD.  If benefit sought on appeal remains denied, issue a supplemental statement of the case to the Veteran which addresses all relevant actions taken on the Veteran's claim for benefits, to include a summary of the evidence and applicable law and regulations considered, since the issuance of the last supplemental statement of the case.  The Veteran should be given the opportunity to respond to the supplemental statement of the case before the case is returned to the Board.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.