Citation Nr: 22017189 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 17-37 785 DATE: March 24, 2022 REMANDED Entitlement to service connection for a psychiatric disorder, claimed as personality disorder and depressive disorder, is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2007 to December 2010. This case is before the Board of Veterans' Appeals (Board) on appeal from a June 2015 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In that rating decision, the RO denied the Veteran's application to reopen the previously denied claim of service connection for personality disorder, not otherwise specified and depressive disorder, not otherwise specified; and denied the claim of entitlement to a TDIU. The Veteran's notice of disagreement (NOD) was received in June 2015. The RO issued the statement of the case (SOC) in June 2017, and the Veteran's VA Form 9, substantive appeal was received in July 2017. In September 2021, the Board remanded the case for further development and adjudicative action. In November 2021, the RO issued a supplementary statement of the case (SSOC). 1. Entitlement to service connection for a psychiatric disorder, claimed as personality disorder and depressive disorder 2. Entitlement to a total disability rating based upon individual unemployability The Veteran contends that he is entitled to service connection for a psychiatric disorder. He also contends that due to the psychiatric disorder, he is unable to secure and follow substantially gainful employment. Pursuant to the terms of the September 2021 Board remand, the RO undertook development efforts to obtain outstanding private treatment records. Included within the remand directives was for the RO to attempt to obtain a private medical opinion, dated July 2016, from private psychologist, J.A. In late November 2021, after the SSOC was issued, the private medical opinion from J.A. was added to the file. The claims were certified to the Board in December 2021. Under 38 C.F.R. § 20.1305(c), any pertinent evidence submitted by the appellant or his/her representative must be referred to the agency of original jurisdiction (AOJ) for review in the first instance unless this procedural right is waived by the appellant or his/her representative, or the benefit to which the evidence relates may be granted in full without such referral. In a January 2022 letter, the Veteran was advised that he had 45 days to waive RO consideration of the private medical evidence. If he did not respond within 45 days, the claims would be remanded to the RO for review. The Veteran did not respond within 45 days, and as a result, the claims must be remanded to the RO for consideration of this evidence in the first instance. The matters are REMANDED for the following action: 1. After conducting any development deemed necessary, adjudicate the claims of (i) service connection for a psychiatric disorder, claimed as personality disorder and depressive disorder, and (ii) TDIU, with consideration of the evidence received in December 2021 which was submitted without a waiver of AOJ review. If any benefit sought on appeal remains denied, issue a supplemental statement of the case and return the case to the Board, if in order. Shamil Patel Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. KAYS HUKILL 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.