Citation Nr: 22018802
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 19-32 370A
DATE: March 30, 2022

REMANDED

Service connection for an acquired psychiatric disorder (claimed as "posttraumatic stress disorder (PTSD), anxiety, depression, nightmares, sleep issues, grief, and distress") is remanded.

Service connection for a back disorder is remanded.

Service connection for sleep disorder is remanded.

Service connection for a right knee disorder is remanded.

Service connection for a left knee disorder is remanded.

REASONS FOR REMAND

The Veteran had active duty for training in the U.S. Army Reserve from April 1991 to March 1992, on active duty in the U.S. Navy from April 1996 to March 1997 and active duty in the U.S. Army from May 1999 to February 2001.  The Veteran also had training service in the Reserve and National Guard to 2006.

These matters come before the Board of Veterans' Appeals (Board) from a May 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In February 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  The claims file contains a copy of the hearing transcript.  As, articulated above, 

The Board has recharacterized one issue as "acquired psychiatric disorder." In Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the United States Court of Appeals for Veterans Claims (Court) held that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled.

Discussion

The Veteran asserts that the above-captioned disabilities were incurred in, aggravate by, or otherwise attributable to, active-duty service.

The Agency of Original Jurisdiction (AOJ) issued a statement of the case (SOC) in September 2019.  Since the issuance of the SOC additional, VA-developed evidence has been associated with the claims file, including VA clinical records which suggest relevance to the Veteran's claims.  To date, the AOJ has not issued a SSOC which addresses this evidence to either the Veteran of his representative, in order to give these parties a chance to respond to the new medical evidence.  The Veteran has not waived consideration of the pertinent evidence by the AOJ.  Consequently, the appropriate Board action is to remand this issue to the AOJ for issuance of an SSOC.  38 C.F.R. § 19.37(b). 

The matters are REMANDED for the following action:

Provide the Veteran and his representative a supplemental statement of the case (SSOC) on the above-captioned claims.  The SSOC must include notice of all relevant actions taken on the claim, to include a summary of the evidence and applicable laws and regulations considered pertinent to the issue currently on appeal. 

The Board herein intimates no opinion as to the outcome of the matter.)

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. J. Komins, 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.