Citation Nr: 18160564 Decision Date: 12/27/18 Archive Date: 12/27/18 DOCKET NO. 00-00 921 DATE: December 27, 2018 REMANDED Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from May 1968 to May 1970. In addition, the Veteran had service in the National Guard. In August 2009 the Veteran testified at a Travel Board hearing before the undersigned Acting Veterans’ Law Judge and a transcript of the hearing has been associated with the claims file. Most recently a September 2017 Board decision denied the Veteran’s claim for entitlement to an initial disability rating in excess of 50 percent for PTSD. A June 2018 order of the United States Court of Appeals for Veterans Claims (Court) implemented a June 2018 Joint Motion for Partial Remand (JMPR), vacating and remanding the September 2017 Board decision, in part, that denied entitlement to an initial disability rating in excess of 50 percent for PTSD. As such, the issue of entitlement to an initial disability rating in excess of 50 percent for PTSD is again before the Board. Initial disability rating in excess of 50 percent for PTSD The Veteran contends he is entitled to a higher initial rating for PTSD. In light of the points raised by the JMPR and the Board review of the claims file, additional development is warranted. In the June 2018 JMPR, the Court found that the Board erred in failing to ensure compliance with 38 C.F.R. § 20.1304, and referring new evidence to the AOJ for review. Following the June 2014 statement of the case (SOC), the AOJ continued to develop additional evidence relating to the Veteran’s PTSD. The AOJ has not sent a supplemental statement of the case (SSOC) to either the Veteran or his representative, and the Veteran has not waived consideration of the entirety of this pertinent evidence by the AOJ. Therefore, a remand is warranted under 38 C.F.R. § 20.1304. The matter is REMANDED for the following action: Issue a Supplemental Statement of the Case (SSOC) to the Veteran and his representative on the issue of entitlement to an increased initial rating for service connected PTSD, specifically addressing the new evidence since the SOC. JACQUELINE BARONE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Kardian
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