Citation Nr: 21031516
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 17-46 461
DATE: May 24, 2021

REMANDED

Entitlement to a disability rating exceeding 70 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to November 22, 2016 is remanded.

REASONS FOR REMAND

The Veteran served from July 2000 to July 2004 and from April 2005 to April 2009.  

This appeal comes to the Board of Veterans' Appeals (Board) from a January 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veterans Law Judge at a hearing in February 2020.  The Board remanded these issues to the Agency of Original Jurisdiction (AOJ) in April 2020 for additional development.  The AOJ issued a Supplemental Statement of the Case (SSOC) in August 2020.  In a February 2021 letter, the Board requested that the Veteran sign a waiver of his right to have the AOJ review additional evidence VA received after the SSOC in the first instance.  The Board informed the Veteran it would remand these matters to the AOJ for readjudication if it did not receive a response in 45 days.  As 45 days have elapsed without a response, the Board will remand to the AOJ.  

The matters are REMANDED for the following action:

1. The AOJ should contact the Veteran and all current representatives and request their assistance in identifying any outstanding relevant records.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran's claims file.

2. After completing the above action and any other necessary development, the claims must be readjudicated based on the totality of the evidence.  If a claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representatives.  After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.