Citation Nr: 24017348
Decision Date: 04/23/24	Archive Date: 04/23/24

DOCKET NO. 18-47 267
DATE: April 23, 2024

REMANDED

Entitlement to a disability rating in excess of 70 percent for service-connected posttraumatic stress disorder (PTSD) prior to October 23, 2018, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from February 1988 to July 1991. 

1. Entitlement to a disability rating in excess of 70 percent for service-connected posttraumatic stress disorder (PTSD) prior to October 23, 2018, is remanded.

The Board finds that remand is required due to a procedural defect during the development of the Veteran's claim upon the last remand.  Here, a close review of the development by the RO shows that the Supplemental Statement of the Case (SSOC) was not properly issued to the Veteran.  The record show that the February 2024 SSOC was returned to the VA due to the incorrect address; to this end, subsequent correspondence from the RO, to include notification of returning the claim to the Board was also directed to this incorrect address.  As such, the Board must assume that such SSOC and notice from the VA was not received by the Veteran, and therefore, not properly issued. 

Since the returned SSOC/notice, the RO has verified the Veteran's most current address; however, no new SSOC or re-docketing notice to the Board has been issued to the Veteran. Therefore, as there is defect in the procedural development of the Veteran's claim, the Board must find that remand is required for the VA to fulfill its duty to the Veteran and provide a SSOC. 

The matters are REMANDED for the following action:

1. Reissue the SSOC regarding the Veteran's claim for increased rating for PTSD to the appropriate and updated address of record for the Veteran.  Make at least two attempts in providing the SSOC and proper notices to the Veteran regarding such claims. 

 

 

D. SMART

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.