Citation Nr: 21013667 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 18-30 152 DATE: March 10, 2021 REMANDED Entitlement to an increased rating in excess of 30 percent for the period prior to May 18, 2017 and in excess of 50 percent for the period from May 18, 2017 to the present for post-traumatic stress disorder (PTSD) with major cognitive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from December 1964 to October 1966. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision issued by the Regional Office (RO) of the United States Department of Veterans Affairs (VA) in North Little Rock, Arkansas. The Veteran and his spouse testified at a hearing held before the undersigned Veterans Law Judge (VLJ) in January of 2020. A transcript of the hearing is associated with the claims file. Addressing the relevant procedural history, this claim was previously before the Board in June of 2020 at which time it was remanded for additional development. The claim has now been returned to the Board for adjudication.  This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900 (c); 38 U.S.C. § 7107 (a)(2).  In this case, the Board is unable to determine from the evidence of record what the Veteran’s current rating for this condition is. Specifically, a February 2021 rating decision codesheet indicates that the Veteran is rated at 70 percent as of November 27, 2020. However, the accompanying rating decision does not address the Veteran’s psychiatric condition and it does not appear that an award was generated. Further, the Supplemental Statement of the Case (SSOC) was issued in October of 2020 which is obviously earlier in time than the codesheet referred to above. Even the Veteran’s representative referred to this claim in a February 2021 appellate brief as, “[e]ntitlement to an evaluation in excess of 30 percent for posttraumatic stress disorder (PTSD) with major neurogenic disorder prior to May 18, 2017, and in excess of 50 percent thereafter”. The Board notes that this notation may be an error as November 27, 2020 is the date that the Veteran submitted an additional VA-Form 21-526EZ. However, as the Veteran was afforded an additional psychiatric examination with a VA examiner in December of 2020, the Board also notes that this notation may in fact be accurate in which case additional development is needed prior to appellate adjudication. Either way, the Board cannot make a fully-informed decision in this case until the RO clarifies the Veteran’s current rating on remand and, if necessary, issues a corresponding rating decision and/or additional SSOC. See 38 C.F.R. § 19.9 (a) (stipulating that, if correction of a procedural defect is essential for a proper appellate decision, the Board shall remand the case to the AOJ and specify the action to be undertaken). The matters are REMANDED for the following actions: 1. Clarify the Veteran’s rating for his service-connected PTSD with major cognitive disorder. If applicable, issue a rating decision addressing the issue of the Veteran’s increased rating for his psychiatric condition and complete the accompanying development to include the award of any outstanding benefits due to the Veteran. 2. If the benefits sought remain denied, issue the Veteran and his representative a (SSOC) and provide a reasonable opportunity to respond before returning this matter to the Board for further appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Smith, 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.