Citation Nr: 18123999
Decision Date: 08/06/18	Archive Date: 08/03/18

DOCKET NO. 11-29 555
DATE:	August 6, 2018
Entitlement to an initial rating in excess of 30 percent for anxiety disorder is remanded.
The Veteran served on active duty from May 1989 to September 1992 and from December 2003 to April 2005.
The Board denied this appeal in a March 2017 decision. The Veteran appealed a that decision to the U. S. Court of Appeals for Veterans Claims (Court). In November 2017, the Court granted a joint motion for remand (JMR), vacating the Board’s decision as it related to the issue on appeal, and remanded the matter for compliance with the instructions in the JMR
Regrettably, a remand is necessary in this case. Since the Court granted the JMR in November 2017 and since the Veteran’s appellate brief was submitted in May 2018, additional VA treatment records pertaining to the Veteran’s mental health treatment were added to the Veteran’s claims file. 
As the VA treatment records were not submitted by the Veteran or his representative, a remand is necessary for the issuance of a new SSOC which considers these additional records. 38 C.F.R. §§ 19.31, 19.37(a).

The matter is REMANDED for the following action:
Send the Veteran and his representative an SSOC that addresses the issues on appeal after reviewing the evidence pertinent to the issues submitted after November 2017.

Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Keninger, Associate Counsel

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