Citation Nr: 23023911
Decision Date: 04/25/23	Archive Date: 04/25/23

DOCKET NO. 15-45 398
DATE: April 25, 2023

REMANDED

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

Entitlement to service connection for a substance use disorder or its residuals, to include as secondary to an acquired psychiatric disorder, is remanded.

REASONS FOR REMAND

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  The Board remanded the matter for further development in March 2019, January 2021, and June 2021 for further development.  

The Board denied the claims on appeal in a March 2022 decision.  In a November 2022 Order, the United States Court of Appeals for Veterans Claims (Court) granted a joint motion for remand (JMR) filed by the Veteran and VA's General Counsel.  It thus vacated the Board's March 2022 decision and remanded the matter for action consistent with the terms of the JMR.

The Veteran testified at a hearing before the undersigned in July 2018.  A transcript of the hearing is in the claims file. 

In January 2023, VA obtained additional private treatment records on behalf of the Veteran and associated them with the claims file.  The records include discussion of psychiatric symptoms, and therefore are pertinent to the claims.  While he authorized the release of the records, he did not submit them himself.  Thus, the records are not subject to initial review by the Board under 38 U.S.C. § 7105(e)(1).  He has not waived his right to consideration of the evidence by the agency of original jurisdiction (AOJ).  See 38 C.F.R. §  20.1305(c).  Accordingly, the Board remands the matter for the AOJ to consider the records in the first instance.  

The matter is REMANDED for the following action:

1. Add to the claims file any outstanding VA treatment records pertaining to the Veteran dated since August 2021. 

2. Review the private treatment records added to the claims file in January 2023, and all other pertinent evidence received by VA since the November 2021 Supplemental Statement of the Case (SSOC).  Then, readjudicate the claims.  If the benefits sought are not granted, the Veteran and his representative must be furnished an SSOC and afforded a reasonable opportunity to respond before the record is returned to the Board for further review, unless he opts the appeal into the modernized review system.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin, 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.