Citation Nr: 21025369
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 12-02 351
DATE: April 28, 2021

REMANDED

Entitlement to an initial rating greater than 70 percent for posttraumatic stress disorder (PTSD) prior to April 8, 2015 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2004 to August 2007.  The Veteran died in November 2018, and the Veteran’s surviving spouse has been substituted as the appellant for the purpose of processing the Veteran’s claims to completion. 

In the July 2009 rating decision, the RO granted service connection for PTSD and assigned a 30 percent disability rating, effective from January 30, 2009 (the date of claim). The RO, in a rating decision dated January 2010, assigned a 70 percent disability rating for PTSD, effective September 3, 2009.  In November 2014, the Board assigned a 70 percent disability rating effective for the entire appeal period from January 30, 2009 and remanded the issues for an initial rating in excess of 70 percent for PTSD and for to a total disability rating based on individual unemployability (TDIU) for additional evidentiary development.

In a September 2020 VA rating decision, the RO assigned a 100 percent disability rating for PTSD effective from April 8, 2015 to November 15, 2018.  Since the 70 percent disability rating for PTSD is not the maximum rating available prior to April 8, 2015, the issue has been returned to the Board and characterized accordingly.  See AB v. Brown, 6 Vet. App. 35 (1993).  

The issue of TDIU was granted in a November 2020 VA rating decision from January 30, 2009 to April 8, 2015, which represents a full grant of the benefits sought so it is no longer on appeal before the Board.  

Pursuant to the November 2014 Board remand, the AOJ issued a November 2020 supplemental statement of the case (SSOC), but only considered the appeal period from September 3, 2009 to April 7, 2015.  As of this date, the issue for the appeal period prior to September 3, 2009 (from January 30, 2009 to September 2, 2009) has not been readjudicated by the AOJ since the November 2014 Board remand.  

The matter is REMANDED for the following action:

Readjudicate the remaining issue on appeal for an initial rating in excess of 70 percent for PTSD prior to April 8, 2015 (from January 30, 2009 to April 7, 2015).  If the decision is adverse to the Appellant, issue a supplemental statement of the case and allow the applicable time for response.  Then, return the case to the Board.

 

T. Blake Carter

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M.N. Bush, 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.