Citation Nr: 21031442
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 15-01 581
DATE: May 21, 2021

REMANDED

The issue of entitlement to an initial rating in excess of 10 percent disabling for the period prior to January 14, 2019, and in excess of 30 percent disabling for the period thereafter, for service-connected depression not otherwise specified (NOS), is remanded.

REASONS FOR REMAND

The Veteran has periods of active duty service from April to August 1991, September 2001, from October 2001 to June 2002, from November 2002 to May 2003, from November 2004 to December 2005, from January 2006 to May 2006, and from September 2007 to October 2009.

In November 2017, the Veteran testified under oath at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

In May 2018, the Board remanded the appeal for additional development.  For the reasons outlined below, the Board finds that remand is again needed.

In an April 2020 rating decision, the evaluation for the issue on appeal was changed to 10 percent disabling for the period prior to January 14, 2019, and in excess of 30 percent disabling for the period thereafter.  The increase is reflected in the issue on appeal.

Entitlement to an initial rating in excess of 10 percent disabling for the period prior to January 14, 2019, and in excess of 30 percent disabling for the period thereafter, for service-connected depression NOS.

The Board finds that remand is needed in this matter.  Specifically, VA records have been added to the claim file that were not considered first by the AOJ.  In January 2021, the Board reached out to the Veteran to see if he would like to waive AOJ consideration, but he did not respond within 45 days.  Accordingly, the Board assumes that the Veteran does not waive AOJ consideration.  In doing so, the Board acknowledges that, in November 2017, the Veteran submitted evidence with a waiver.  However, this waiver appears to be limited to the evidence submitted in November 2017, as it states: "The Veteran waives Agency of Local Jurisdiction review of the this [sic] additional evidence that is being submitted this date for the BVA appeal."  (Emphasis added).  Therefore, remand is still needed.

In addition, please note that there are documents contained in the file, that are illegible.  See, e.g., Correspondence, March 2020, and DPRIS Response, June 2020.  To the extent that legible copies can be provided, they should be added to the electronic record.  

The matter is REMANDED for the following action:

1. Readjudicate the issue on appeal in light of additional evidence added to the record.

In addition, please note that there are documents contained in the file, that are illegible.  See, e.g., Correspondence, March 2020, and DPRIS Response, June 2020.  To the extent that legible copies can be provided, they should be added to the electronic record.

 

2. If upon completion of the above action the issue is denied, issue the Veteran and his representative a Supplemental Statement of the Case (SSOC) and provide an opportunity to respond.  The case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.