Citation Nr: 21031063
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 16-18 024
DATE: May 20, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent from February 17, 2015 to March 4, 2018 for bipolar disorder is remanded.

Entitlement to an initial rating in excess of 50 percent from November 4, 2020 to March 3, 2021 for bipolar disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1982 to June 1984.

In September 2020, the case was remanded for readjudication and it has been returned to the Board for appellate review.

In a March 2021 letter, the Veteran and his representative were notified of additional relevant evidence obtained and associated with the record since the Agency of Original Jurisdiction (AOJ) readjudicated the case in a November 2020 supplemental statement of the case (SSOC) and November 2020 VA decision review officer (DRO) decision and since the AOJ returned the case to the Board in December 2020.  After the case was returned to the Board, VA obtained additional evidence consisting of VA treatment records dated from September 2020 to March 2021 that document treatment for his psychiatric disorder.  

The Veteran was requested to specify whether he waives the right to have such evidence initially reviewed by the AOJ or to have the case sent back to the AOJ for initial review.  The Veteran was also informed that if no response was received within 45 days from the date of the letter that the Board will assume the Veteran does not wish to have the Board decide the appeal at this time and will remand it to the AOJ for review.  Review of the record shows that no response was received by the Veteran within 45 days of the March 2021 letter.

Lastly, the Board acknowledges the AOJ reviewed VA treatment records dated from September 2020 to March 2021 (associated with the claims file in March 2021) and VA treatment records dated from May 2020 to May 2021 (associated with the claims file in May 2021), as noted in the May 2021 VA rating decision that granted an 100 percent rating effective March 4, 2021.  However, the AOJ did not readjudicate the increased rating claim for its entire appeal period prior to March 4, 2021. 

The matters are REMANDED for the following action:

Readjudicate the claim.  If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.