Citation Nr: 18154128
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 14-28 430
DATE:	November 29, 2018
REMANDED
Whether new and material evidence has been received to reopen the claim of entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder (PTSD) and depression is remanded.
Whether new and material evidence has been received to reopen the claim of entitlement to service connection for a right knee disability is remanded.
REASONS FOR REMAND
The Veteran had active service from August 1974 to February 1976 and for 15 days in August 1991.  The Veteran also has National Guard service.  
These matters come to the Board on appeal from a December 2013 rating decision.  The Veteran testified at a hearing before the undersigned Veterans Law Judge in June 2018.  A transcript of that hearing is of record.
The issues of whether new and material evidence has been received to reopen claims for service connection for an acquired psychiatric disability and a right knee disability, are remanded.
The record reflects that the RO last adjudicated the issues on appeal in a July 2014 Statement of the Case.  Since that time, additional relevant evidence has been associated with the record in the form of VA treatment records.  The evidence was received prior to the transfer of records to the Board, which occurred in May 2018.  The evidence is not duplicative, and the evidence shows treatment for the Veteran’s mental health conditions and right knee disability, and is thus relevant to the issues on appeal.  As such, remand is necessary pursuant to 38 C.F.R. § 19.37 for issuance of a supplemental statement of the case.  
The matters are REMANDED for the following action:
1. The AOJ should readjudicate the issues on appeal with consideration of all additional evidence received since the July 2014 Statement of the Case.  If any benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case.  A reasonable period should be allowed for response before the appeal is returned to the Board.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Baker, Associate Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency


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