Citation Nr: 21022556 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 17-40 050 DATE: April 16, 2021 REMANDED Entitlement to a rating in excess of 50 percent for post-traumatic stress disorder (PTSD) prior to July 31, 2015, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1965 to September 1968 with service in the Republic of Vietnam. The Veteran filed a claim for an increased rating for PTSD on November 18, 2013. An October 2014 rating decision awarded a 50 percent rating for PTSD effective November 18, 2013. Within one year of the October 2014 rating decision, new VA treatment records dated in 2015 were associated with the claims file. Because new and material evidence was received within one year of the October 2014 rating decision, that rating decision did not become final. Thus, the period on appeal is one year prior to receipt of the claim on November 18, 2013, to determine whether an increase manifested, through July 30, 2015, the day before the assignment of a 100 percent rating for PTSD. 38 C.F.R. §3.400(o)(2). This issue was remanded in February 2021 for consideration of new evidence concerning the appeal period prior to July 31, 2015. In a March 2021 supplemental statement of the case, the Agency of Original Jurisdiction (AOJ) improperly recharacterized the issue as entitlement to a rating in excess of 50 percent prior to November 18, 2013. The AOJ did not consider new evidence for the appropriate appeal period. Accordingly, remand is necessary for initial AOJ consideration of the new evidence. 38 C.F.R. § 19.31(c); Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Issue a SSOC for the issue of entitlement to a rating in excess of 50 percent for PTSD, prior to July 31, 2015. Please note that the period on appeal is from November 18, 2012, to determine if an increased in disability occurred within that year prior to the receipt of the claim for increase, through July 30, 2015. Also, please note that the Board has found that new and material evidence was received within one year of the October 2014 rating decision. Therefore, that rating decision did not become final. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Duke, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.