Citation Nr: 21015122
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-31 900
DATE: March 16, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability, to include depression, is remanded.

Entitlement to service connection for a sleep disability, to include insomnia and/or sleep apnea, is remanded.

REASONS FOR REMAND

Entitlement to service connection for an acquired psychiatric disability, to include depression, is remanded.

Entitlement to service connection for a sleep disability, to include insomnia and/or sleep apnea, is remanded.

The Veteran served on active duty in the U.S. Army from August 2012 to August 2013.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision of the Department of Veterans Affairs (VA) regional office (RO) in Milwaukee, Wisconsin, which, in pertinent part denied entitlement to service connection for an acquired psychiatric disability, to include depression and insomnia. The Veteran timely appealed. On the April 2017 statement of the case (SOC), the RO divided the issue into two parts: entitlement to service connection for an acquired psychiatric disability, to include depression, and entitlement to service connection for a sleep disability, to include insomnia and/or sleep apnea. In January 2021, the Veteran testified before the undersigned in a videoconference hearing regarding the issues on appeal. A copy of the hearing transcript is of record.

Since the issuance of the April 2017 SOC, additional evidence has been added to the claims file. Concerning the additional Veteran-submitted evidence, including lay statements from his child, partner, and himself, as well as treatment records and a statement from his Vet Center counselor, the Veteran waived initial Agency of Original Jurisdiction (AOJ) review of this documentation during his hearing. Concerning the additional VA-generated evidence that has been added to the claims file since April 2017, including relevant VA mental health treatment records, AOJ consideration has not been waived. However, a supplemental SOC (SSOC) was not issued (the matters were not readjudicated) after receipt of this additional VA-generated evidence. This has resulted in a procedural defect which requires correction. 38 C.F.R. § 19.31.   

The matters are REMANDED for the following action:

Readjudicate the Veteran's claims for entitlement to service connection for an acquired psychiatric disability, to include depression, and entitlement to service connection for a sleep disability, to include insomnia and/or sleep apnea, with due consideration of all evidence received since the April 2017 SOC. If the benefit sought on appeal remains denied, the Veteran and his representative should be furnished an SSOC and given an opportunity to respond before the case is returned to the Board.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Bush

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.