Citation Nr: 18140161 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 14-17 015 DATE: October 2, 2018 REMANDED Entitlement to an initial rating in excess of 30 percent for service-connected posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the Marine Corps from November 1968 to November 1972. His awards and decorations include the Purple Heart, Combat Action Ribbon, Vietnam Service Medal, and the Vietnam Campaign Medal. In April 2018, the Veteran testified before the undersigned at a video conference hearing. At the hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, withdrew his claims for entitlement to an initial rating in excess of 40 percent for a right shoulder disability, entitlement to service connection for a right hand disability, entitlement to service connection for malaria, entitlement to service connection for sleep apnea, entitlement to service connection for hypertension, entitlement to service connection for GERD, entitlement to service connection for Jessner lymphocytic infiltrate, entitlement to an effective date earlier than July 7, 2011 for the grant of service connection for tinnitus, and entitlement to an effective date earlier than July 7, 2011 for the grant of service connection for hearing loss. The undersigned clearly identified the withdrawn issues, and the Veteran affirmed that he was requesting a withdrawal as to those appeals. See Hearing Transcript at 3. The appellant’s full understanding of the consequences is shown based on the fact that prior to the hearing, the consequences of withdrawal of these claims was fully discussed by the undersigned and his representative. See Acree v. O’Rourke, 891 F.3d 1009 (Fed. Cir. 2018). Thus, these issues are no longer on appeal. Entitlement to a TDIU is an element of all increased rating claims. Rice v. Shinseki, 22 Vet. App. 447, 453 (2009). The Board finds that the derivative issue of entitlement to a TDIU has been raised by the record, and therefore, it has been added to the issues on appeal as reflected on the title page. 1. PTSD The Veteran contends that his service-connected PTSD warrants an initial rating of 70 percent. A rating of 30 percent is effective from July 7, 2011. In April 2018 hearing testimony, the Veteran stated that he had suicidal thoughts on the day of the hearing. He also expressed difficulty with memory, maintaining attention and concentration, socializing with friends, and doing activities he normally enjoyed, such as fishing. The Veteran described verbal confrontations with others and stated that he often had flare-ups of his anger, which led to his prior arrest. He also stated that he wakes up in a panic approximately two to three times per week. In a psychiatric disability examination report dated August 2018, Dr. J.R. noted that the Veteran had a “moderate” psychiatric disability that rendered him “incapable of sustained competitive employment.” The Veteran was also noted to have a history of suicidal symptoms. The evidence suggests that the Veteran’s PTSD has increased in severity since the initial VA examination in May 2012. As such, a remand is necessary to determine the current nature and severity of the Veteran’s PTSD. 2. TDIU As previously noted, TDIU has been raised by the record. The Board notes that in June 2018, the Veteran submitted VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. However, the Veteran has not been sent notice for his TDIU claim and the issue has not been addressed by the RO. Therefore, on remand, the RO should comply with the duties to notify and assist in connection with the Veteran’s TDIU claim. The matters are REMANDED for the following action: 1. Send the Veteran a notice letter with respect to his claim of entitlement to a TDIU. 2. Schedule the Veteran for a VA examination to determine the current severity of his service-connected PTSD. The examiner should review the claims file. All necessary studies and tests should be conducted. The examiner should provide information as to whether the disability causes occasional decrease in work efficiency; reduced reliability and productivity; deficiencies in most of the areas of work, school, family relations judgment, thinking and mood; or causes total social and occupational impairment. The examiner should also discuss the impact of the service-connected PTSD upon the Veteran’s ability to work. In rendering the requested opinion, the examiner must consider and discuss all pertinent medical and other objective evidence, as well as all lay assertions, to include any assertions as to the severity of symptoms. The examiner should explain the medical basis for the conclusions reached. 3. After completing the actions detailed above, adjudicate the claim for TDIU, to include referral to the Director, Compensation and Pension Service, if warranted. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Freeman, Associate Counsel