Citation Nr: 22016338
Decision Date: 03/22/22	Archive Date: 03/21/22

DOCKET NO. 17-42 671
DATE: March 22, 2022

REMANDED

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to February 9, 2019, and in excess of 70 percent thereafter.

Entitlement to a rating in excess of 30 percent for asthma. 

Entitlement to a total disability rating due to individual unemployability (TDIU).

REASONS FOR REMAND

In October 2019, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file.  In January 2020, the Board remanded the appeal for additional development.  The case has now been returned to the Board for further appellate action.

In January 2020, in addition to the above, the issue of entitlement to service connection for bilateral hearing loss was remanded for further development.  Since the remand, service connection was granted for bilateral hearing loss.  Therefore, this issue is no longer before the Board.  

Since the most recent adjudication of the appeal by the agency of original jurisdiction (AOJ) in the August 2020 supplemental statement of the case (SSOC), additional evidence has been added to the claims file, to include VA examinations of the Veteran's PTSD and asthma.  An SSOC must be furnished when additional pertinent evidence is received after the statement of the case (SOC) or SSOC. 38 C.F.R. § 19.31.  Therefore, the appeals for higher ratings for PTSD and asthma are remanded for adjudication of these issues in an SSOC in light of the additional evidence.

With regard to the TDIU claim, the issue has been raised by the record in connection with the increased rating claims for PTSD and asthma.  Therefore, the Board has jurisdiction over this issue.  Rice v. Shinseki, 22 Vet. App. 447 (2009). As the issue is intertwined with the initial rating claims on appeal, it must also me remanded.

The matters are REMANDED for the following actions:

1. Undertake appropriate development to associate with the claims file any outstanding, relevant treatment notes.

2. Readjudicate the appeals in an SSOC in light of all evidence added to the claims file since the August 2020 SSOC.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.