Citation Nr: 21040444
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 15-41 197A
DATE: July 3, 2021

REMANDED

Entitlement to an increased disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1965 to July 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a October 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This claim was last before the Board in April 2019 when the Board remanded the claim in order for the RO to obtain outstanding records and for a VA examination. The claim is now before the Board.

Review of the record reveals that additional evidence has been added to the record since the most recent Supplemental Statement of the Case (SSOC) issued on August 12, 2020, including a VA PTSD examination conducted on June 7, 2021 and VA medical records uploaded on May 10, 2021. The VA examination and VA records are relevant to the issue on appeal.  However, an SSOC was not issued after the additional evidence was obtained. Moreover, there is no basis for a waiver of RO consideration of the additional evidence under 38 C.F.R. § 20.1304 because the new evidence was not submitted by the Veteran. Thus, a remand is needed in order for the RO to review this evidence in the first instance. See 38 38 C.F.R. § 19.31.

While the Board regrets the additional delay that will result from this action, the Board is obligated to follow the laws and regulations governing veterans benefits, and this remand is required to ensure that due process is provided to the Veteran.

The matter is REMANDED for the following action:

Readjudicate the claim on appeal based on the entirety of the evidence, to include consideration of evidence added to the record since the August 2021 SSOC. If the claim remains denied, the Veteran and his representative should be issued a SSOC. An appropriate period of time should be allowed for response. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Hetman

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.