Citation Nr: 18140243
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 14-41 531A
DATE:	October 2, 2018
REMANDED
Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with obesity prior to January 15, 2018, and in excess of 70 percent from that date is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
This case was most recently before the Board in June 2018 when it was remanded for additional developments.  Unfortunately, there has not been substantial compliance with the Board’s previous remand directives.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).
The June 2018 remand noted that after the claims were remanded in September 2017, in a February 2018 rating decision the Veteran’s PTSD disability was recharacterized as “PTSD with obesity,” and assigned a 70 percent evaluation, effective January 15, 2018.  The Board requested clarification as to the basis for the inclusion of obesity in the evaluation for PTSD, rather than as a separately service-connected disability.  Such clarification has not yet been provided.  
Additionally, the June 2018 remand identified outstanding VA treatment records between November 2016 and May 2017 and requested the AOJ obtain any outstanding VA treatment records.  Such records have not been sought and are still outstanding.  
The Board notes that the June 2018 remand directed the AOJ to schedule the Veteran for an examination to determine the functional impact of his service-connected disabilities.  While the AOJ did not schedule an examination, the Veteran provided a July 2018 private vocational evaluation.  However, the private evaluation is inadequate because the examiner did not review the Veteran’s entire record and the opinion was based, in part, on the impact of the Veteran’s nonservice-connected chronic fatigue.  In determining whether a Veteran is entitled to TDIU, an inability to work due to nonservice-connected disabilities may not be considered.  38 C.F.R. §§ 4.14, 4.19.  Accordingly, a new examination should be provided.
The matters are REMANDED for the following action:
1. Obtain and associated with the Veteran’s eFolders copies of any outstanding VA treatment records, to include those dated between November 26, 2016 and May 25, 2017.
2. After the completion of the above, schedule the Veteran for examinations by an appropriated clinician to determine the functional impact of his service-connected disabilities.  The examiner should elicit from the Veteran complete educational, vocational, and employment history and should note his complaints regarding the impact of his PTSD with obesity, sleep apnea, and diabetes on employment.  The examiner should identify all limitations or functional impairment caused solely by service-connected PTSD with obesity, sleep apnea, and diabetes.  
3. Clarify the basis for the inclusion of obesity with the already service-connected PTSD, as opposed to assigning a separate rating. 
4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs