Citation Nr: 21023727
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 20-13 787
DATE: April 21, 2021

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to December 1982.

This matter comes to the Board of Veterans’ Appeals (Board) from a January 2019 rating decision which denied entitlement to service connection for PTSD. 

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

Subsequent to the January 2020 statement of the case (SOC), additional relevant evidence was added to the claims file including VA treatment records.  In a February 2021 letter, the Veteran was offered the opportunity to waive agency of original jurisdiction (AOJ) consideration of that evidence in the first instance and was given 45 days to response.  To date, no response has been received.  Accordingly, remand is required to permit the AOJ to consider, in the first instance, the relevant evidence received after the SOC was issued.  38 C.F.R. §§ 19.31, 19.37. 

 

The matter is REMANDED for the following action:

Readjudicate the claim for entitlement to service connection for PTSD, to include consideration of evidence received since the January 2020 SOC.  If the claim remains denied, issue a supplemental statement of the case (SSOC). 

 

 

Stephanie M. Owen

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.