Citation Nr: 21040226
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 15-13 011
DATE: July 2, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability, claimed as posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1993 to September 2007.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  This issue was previously remanded by the Board in March 2019.  It has now been returned for consideration by the Board.  

The Board notes the Veteran has a separate pending appeal regarding the issue of entitlement to an increased rating for asthma.  That issue will be the subject of a separate Board action.  

Entitlement to service connection for an acquired psychiatric disability, claimed as PTSD is remanded.

In February and March 2020, subsequent to the most recent Supplemental Statement of the Case (SSOC), VA received additional pertinent medical records.  At the time of receipt, these records had not yet been considered by the RO, the agency of original jurisdiction (AOJ).  In April 2020, the Veteran and her representative at the time were notified of receipt of these records and given the opportunity to submit a waiver of AOJ consideration.  A 45-day time limit to receive such a waiver was stipulated by the letter.  If no response was received, the letter informed the Veteran and her representative that VA would assume that they did not wish to have the Board decide the claim at this time and would remand the appeal for AOJ review. To date, no such waiver has been received by VA.  As such, remand is required to allow this evidence to be considered by the AOJ.  See 38 C.F.R. § 20.1305.  

The matters are REMANDED for the following action:

Readjudicate the issue on appeal in light of the additional evidence added to the file.  If the disposition remains unfavorable, the AOJ should furnish the Veteran and her representative with an SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.  

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.