Citation Nr: 21012027
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 15-25 909
DATE: March 3, 2021

REMANDED

Entitlement to an effective date prior to February 3, 2012, for the grant of 100 percent disability for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1965 to August 1976. This matter comes before the Board of Veterans’ Appeals (Board) from a Department of Veterans Affairs (VA) Regional Office (RO) January 2014 rating decision.

In April 2019, the Veteran testified at a video teleconference before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file.

In August 2019, the Board remanded the appeal to the RO for additional development. 

The appeal has been returned to the Board for further consideration.

1. Entitlement to an effective date prior to February 3, 2012, for the grant of 100 percent disability for PTSD is remanded.

The Veteran contends that he has good cause for why he did not file a timely appeal of the September 2007 rating decision. Specifically, in his July 2014 notice of disagreement and during the Board hearing, the Veteran reported that he was unable to respond to the decision because of the severity of his psychological condition.

The development directed by the Board in its last remand was not accomplished. Where the remand orders of the Board or the Courts are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998).

In the August 2019 Remand, the RO was instructed to send the Veteran notice of the information needed to substantiate a request for a good cause extension under 38 C.F.R. § 3.109(b). To date, the RO has not sent this notice. 

The matters are REMANDED for the following action:

1. Send the Veteran notice of the information needed to substantiate a request for a good cause extension under 38 C.F.R. § 3.109(b) in regard to the Veteran’s contention that he has good cause for why he did not file a timely appeal of the September 2007 rating decision.

2. Once the above development is completed, adjudicate the Veteran’s claim for an earlier effective date with consideration of whether he should receive a time limit extension for filing an appeal of the September 2007 rating decision.

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TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Edwin B. Esmenda, 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.