Citation Nr: 21024713
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 15-30 714
DATE: April 26, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder is remanded.

Entitlement to a total disability rating based on individual unemployment (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1968 to December 1971. 

These matters are before the Board of Veterans’ Appeals (the Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), which granted the Veteran service-connection for his PTSD, with an initial evaluation of 50 percent, effective May 16, 2014.   

In May 2019, the Board remanded these matters for additional development.  Once the requested development was accomplished, the RO issued a supplemental statement of the case (SSOC) in May 2020 and returned the case to the Board.

However, since the issuance of the May 2020 SSOC, new evidence has been associated with the record that is relevant to the claims on appeal, including August 2020 VA treatment records for the Veteran’s PTSD.

In January 2021, the Board sent the Veteran a letter requesting a waiver of initial Agency of Original Jurisdiction (AOJ) consideration of this evidence.  The letter advised the Veteran that if he did not respond in 45 days, the Board would assume that he did not want the Board to decide his appeal at this time and remand the appeal to the AOJ for initial review.  The Veteran has not responded to the Board's letter and the 45-day time limit has expired.  Accordingly, the Veteran's appeal is remanded to the AOJ for readjudication and, if necessary, issuance of an SSOC. See 38 C.F.R. §§ 19.31, 19.37.

1. Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder is remanded.

2. Entitlement to a total disability rating based on individual unemployment (TDIU) due to service-connected disabilities is remanded.

The Veteran submitted a signed VA Form 21-8940 in March 2015.  On review of the claims file, the Board sees no indication that the RO attempted to contact the Veteran’s previous employer to have them complete VA Form 21-4192, Request for Employment Information. 

Accordingly, the matters are REMANDED for the following actions:

1. Obtain any outstanding VA and/or private treatment records.

2. Send the VA Form 21-4192 to the Veteran’s previous employer as listed on the Veteran’s March 2015 VA Form 21-8940.

3. Then, readjudicate the issues with consideration of all evidence associated with the claims file since the May 2020 SSOC.  If any benefit sought on appeal remains denied, issue the Veteran an SSOC and allow the appropriate time for response.  Then, return the case to the Board for further appellate review.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board                                                                    C. Gates	

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.