;

Single Judge Application; claim remains pending; 38 C.F.R. § 3.156(b) (2019); In Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011), the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) found that § 3.156(b) requires VA to assess any evidence submitted during the relevant appeal period, even if no appeal is filed, and determine whether it constitutes new and material evidence relating to the claim. If VA does not provide such an assessment, the claim remains pending. See Beraud v. McDonald, 766 F.3d 1402, 1407 (Fed. Cir. 2014) (finding that if VA does not assess whether evidence submitted during the appeal period is new and material pursuant to § 3.156(b), the claim remains pending);

VA Law

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-7325
DON R. KALASHIAN, APPELLANT,
V.
DAT P. TRAN,
ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before BARTLEY, Chief Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
BARTLEY, Chief Judge: Veteran Don R. Kalashian appeals through counsel an August
23, 2019, Board of Veterans’ Appeals (Board) decision denying an effective date earlier than April
24, 2014, for the award of service connection for post-traumatic stress disorder (PTSD). Record
(R.) at 5-12.1 For the reasons that follow, the Court will set aside the appealed portion of the
August 2019 Board decision and remand that matter for further development, if necessary, and
readjudication consistent with this decision.
I. FACTS
Mr. Kalashian served on active duty in the U.S. Navy from March 1973 through October

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-7325
DON R. KALASHIAN, APPELLANT,
V.
DAT P. TRAN,
ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before BARTLEY, Chief Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
BARTLEY, Chief Judge: Veteran Don R. Kalashian appeals through counsel an August
23, 2019, Board of Veterans’ Appeals (Board) decision denying an effective date earlier than April
24, 2014, for the award of service connection for post-traumatic stress disorder (PTSD). Record
(R.) at 5-12.1 For the reasons that follow, the Court will set aside the appealed portion of the
August 2019 Board decision and remand that matter for further development, if necessary, and
readjudication consistent with this decision.
I. FACTS
Mr. Kalashian served on active duty in the

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