Citation Nr: 21010343
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 19-17 438
DATE: February 24, 2021

REMANDED

Entitlement to an initial disability rating in excess of 50 percent prior to December 26, 2019, and in excess of 70 percent thereafter, for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1967 to April 1970. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran filed a timely VA Form 9 appealing the decision to the Board and requested a hearing by videoconference. However, the Veteran was deemed a no show for his scheduled hearing. 

In a March 2020 rating decision, the agency of original jurisdiction (AOJ) granted a 70 percent rating for PTSD, effective December 26, 2019.

1. Entitlement to an initial disability rating in excess of 50 percent prior to December 26, 2019, and in excess of 70 percent thereafter, for posttraumatic stress disorder (PTSD) is remanded.

After the issuance of the April 2019 statement of the case, VA treatment records and a February 2020 PTSD VA examination were associated with the claims file. To date, the RO has not issued a supplemental statement of the case addressing the new evidence. As such, a remand for the issuance of an SSOC is necessary. See 38 C.F.R. §§ 19.31(b)(1), 19.37(b).  

The matter is REMANDED for the following action:

The AOJ should issue a Supplemental Statement of the Case evaluating the Veteran’s claims in light of all of the evidence of record.

 

 

D. SMART

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. M. Donahue Boushehri, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.