Citation Nr: 21022205
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 11-19 060
DATE: April 15, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1991 to September 2001.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In May 2020, the Board remanded the Veteran’s appeal with instructions to complete all necessary notification and development, request relevant medical records and the appropriate authorizations from the Veteran, schedule the Veteran for an examination for an acquired psychiatric disorder, to include PTSD, conduct any further necessary development, to readjudicate the claims, and to provide an SSOC if any benefit sought remained denied.  Although a VA examination was conducted in October 2020, the RO did not comply with all of these instructions.  Specifically, an SSOC has not been issued regarding the appeal as instructed in the remand; and as is required by VA regulations under 38 C.F.R. § 19.31(c).  Because the RO has not satisfactorily complied with the instructions in the May 2020 remand, an additional remand is necessary to ensure such compliance.  See Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

Issue the Veteran and his representative a Supplemental Statement of the Case (SSOC) that addresses the issues of entitlement to service connection for an acquired psychiatric disorder.  

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.