Citation Nr: 21042105
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 07-36 682
DATE: July 12, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and schizophrenia, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1963 to September 1967. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2006 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

In July 2011, the Veteran testified in a videoconference hearing before the Board; a transcript of that hearing has been associated with the Veteran's claims file.

This matter has a significantly long procedural history and was most recently before the Board in November 2020, when it was remanded for additional development. The matter has been returned to the Board for further appellate proceedings.

The Board notes that the Veteran called the RO in April 2021 to request that he be given time to contact his representative for advice on whether he needs a new hearing. See VA Form 27-0820, Report of General Information, dated April 16, 2021. Over 60 days have passed since that phone call, and the Veteran was sent a letter inquiring whether he would like to have another hearing on May 13, 2021. The Veteran was advised, in that letter, that if he did not respond within 30 days from the date of that letter, the Board would assume that he does not want another hearing and proceed accordingly. See BVA letter dated May 13, 2021. The Veteran has not responded to that letter, otherwise requested a hearing, advised VA of whether he has been able to speak with his representative, or requested any additional time to speak with his representative. The Board thus finds that he has had ample time to speak with his representative and that he has not indicated an intent to request another hearing before the Board. As such, the Board finds that it is appropriate, at this point, to proceed with adjudication of this matter.

A Supplemental Statement of the Case (SSOC) adjudicating the claim was issued in January 2021. However, additional VA treatment records were added to the claims file after the SSOC and before transfer and certification of the appeal to the Board. See VA treatment records received January 8, 2021. As it was VA that added VA records to the claim file, the waiver provisions of 38 C.F.R. § 20.1305(c) are not for application. The claim is remanded again for issuance of a SSOC.  38 C.F.R. §§ 19.31, 19.37(a).  

The matters are REMANDED for the following action:

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1. Readjudicate the claim that is the subject of this Remand. If any benefit sought is not granted in full, furnish to the Veteran and his representative a SSOC that takes into consideration all evidence of record, including VA treatment records submitted in January 2021. Afford an appropriate period of time for response. Thereafter, the claim should be returned to the Board, if it is not granted.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Banks, 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.