Citation Nr: 18140822
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 18-27 900
DATE:	October 5, 2018
REMANDED
The issue of entitlement to a higher initial rating for depression, associated with dermatitis, currently evaluated as 30 percent disabling, is remanded.
The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1954 to March 1958.
These matters come before the Board of Veterans’ Appeals (Board) on appeal of September 2017 and December 2017 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.
1. Entitlement to a Higher Initial Rating for Depression
The Veteran contends that he is entitled to a higher initial rating for his service-connected depression.  See Notice of Disagreement, received November 2017.  Specifically, he was last afforded a VA examination in April 2017 and indicated in a November 2017 statement that his depression was more severe than reflected by the April 2017 examination report.  Further, he submitted a March 2018 private treatment record indicating that his symptoms had changed.

2. Entitlement to a TDIU
The claim for a TDIU is inextricably intertwined with the Veteran’s claim for entitlement to a higher initial rating for depression.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (the prohibition against the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation). 
The matters are REMANDED for the following action:
1. Obtain all outstanding VA treatment records dated to the present. 
2. Ask the Veteran to complete a VA Form 21-4142 for any outstanding private records, to specifically include records from Dr. L.G. and Dr. A.F.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.
3. After the above development, schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected depression.  The record and a copy of this remand must be made available to and reviewed by the examiner.  The examination must include all physical and diagnostic testing deemed necessary by the examiner in conjunction with this request.  The examiner should report all manifestations and functional impairment related to the Veteran’s service-connected depression, to include the ability to maintain substantially gainful employment.
4. After completion of the above, readjudicate the issues on appeal.  If any benefit sought remains denied, furnish the Veteran with a supplemental statement of the case.  The appropriate period should be allowed for response before the appeal is returned to the Board.     
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. G. LeMoine, Associate Counsel