Citation Nr: 18144516
Decision Date: 10/25/18	Archive Date: 10/24/18

DOCKET NO. 15-45 977
DATE:	October 25, 2018
REMANDED
Whether a reduction in the evaluation of the Veteran’s posttraumatic stress disorder (PTSD), from 70 percent to 30 percent, effective June 1, 2015, was proper.
Entitlement to a rating higher than 70 percent prior to June 1, 2015, and a rating higher than 30 percent since June 1, 2015, for PTSD.
Entitlement to a total disability rating based on individual unemployability (TDIU), to include on an extraschedular basis.
REASONS FOR REMAND
The Veteran served on active duty from June 1963 to June 1966.  These matters are on appeal from March 2015 and April 2015 rating decisions.
The March 2015 rating decision reduced the evaluation for PTSD from 70 percent to 30 percent, effective June 1, 2015.  The April 2015 rating decision, in pertinent part, denied entitlement to a TDIU.  Although the rating decision also states that the 70 percent evaluation for PTSD was continued, it appears that this was a typographical error since the November 2015 Statement of the Case indicates that PTSD is rated as 30 percent disabling.

1. Propriety of the reduction
In a December 2014 rating decision, the RO proposed reducing the evaluation for the Veteran’s PTSD from 70 percent to 30 percent based primarily on findings made on December 2014 VA examination.  
A March 2015 rating decision effectuated the proposed rating reduction and reduced the evaluation for PTSD from 70 percent to 30 percent, effective June 1, 2015.  However, the RO failed to conduct a rating reduction analysis under 38 C.F.R. § 3.105 (e).
On remand, the AOJ must adjudicate the propriety of the reduction of the evaluation for the Veteran’s PTSD.]
2. Increased rating claim
Regarding the claim for an increased evaluation for the Veteran’s PTSD, the Board finds that the issue of the propriety of the reduction is inextricably intertwined with the increased rating issue, as both involve considering the evidence regarding the severity of his disability during the same period of time.  See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are 'inextricably intertwined' when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered).  For this reason, the Board defers consideration of the increased rating pending the adjudication of the propriety of the reduction.
3.  TDIU
Regarding the TDIU claim, the Board finds that it is also inextricably intertwined with the issue of the propriety of the reduction and increased rating claim.  Id. Because adjudication of these claims will potentially affect the TDIU claim, adjudication of the Veteran’s TDIU claim is deferred.  The TDIU claim should not be returned to the Board until the propriety of the reduction and increased rating claims are adjudicated and no longer pending or are certified to the Board for appellate review.
The matters are REMANDED for the following action:
Adjudicate the matter of the propriety of the reduction in the evaluation of the Veteran’s PTSD from 70 percent to 30 percent.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Adams, Counsel