Citation Nr: 21016192
Decision Date: 03/22/21	Archive Date: 03/22/21

DOCKET NO. 16-53 455
DATE: March 22, 2021

REMANDED

Entitlement to a compensable rating in excess of 30 percent disabling for post-traumatic stress disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1967 through September 1970.

This matter first came before the Board of Veterans’ Appeals (Board) on appeal of an August 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Board denied entitlement to a rating greater than 30 percent for service connected acquired psychiatric disorder (PTSD), to include post-traumatic stress disorder. The Veteran subsequently appealed to the United States Court of Appeals for Veterans Claims (CAVC). In October 2020, granting a joint motion for remand, the Court determined the Board erred in discussing the reasons and bases for certain evidence, and remanded the matter back to the Board for further adjudication.

Entitlement to a compensable rating in excess of 30 percent disabling for post-traumatic stress disorder is remanded.

The record reflects that since the Board’s July 2019 decision, additional pertinent evidence has been added to the record, including psychiatric examinations conducted in March 2021. Neither the Veteran nor his representative has waived his right to have that evidence reviewed by the Board in the first instance.

In light of the above, the Board finds that remand is warranted for the AOJ to consider the evidence added to the record since the last Board decision.

The Board notes that there is some indication that the Veteran may be receiving benefits from the Social Security Administration, at least on an intermittent basis.  There is no current basis to conclude that records from the SSA are relevant to the claim on appeal.  The Veteran is now represented by an attorney.  If the Veteran or the attorney believes the SSA records are relevant, they are free to inform VA of this.

The matters are REMANDED for the following action:

1. Readjudicate the issue on appeal, to include consideration of all evidence submitted since the last supplemental statement of the case.  

2. Thereafter, if the decision remains adverse to the Veteran, issue a supplemental statement of the case, and afford the Veteran and his representative a reasonable period of time within which to respond. Thereafter, this case should be returned to the Board in accordance with current appellate procedures.

The appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

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This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112.

 

 

Thomas H. O’Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Hamilton, 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.