Citation Nr: 18144934 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 11-04 248 DATE: October 25, 2018 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) prior to August 5, 2010 is remanded. Entitlement to service connection for a psychiatric disorder other than 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 from May 1969 to November 1970 with service in Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions dated in October 2008 and August 2012 of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The Veteran is receiving a 100 percent combined schedular rating from August 5, 2010. In a Statement in Support of Claim received December 21, 2007, the Veteran filed an informal claim for service connection for depression and TDIU. He filed a formal application for TDIU in February 2008 and he reported that he was unable to continue working from May 18, 2007, because of his service-connected disabilities. In an October 2008 rating decision, the RO denied entitlement to depression and entitlement to TDIU. The Veteran filed a notice of disagreement. An August 2012 rating decision granted entitlement to service connection for PTSD from August 5, 2010. The grant was based upon a VA examination dated in January 2011. The VA examiner found that the Veteran had a diagnosis of PTSD in accordance with DSM-IV based upon fear of hostile military action. A 50 percent rating was assigned from August 5, 2010. The Board finds that an additional VA medical opinion is warranted as to whether the Veteran had a diagnosis of PTSD from December 2007, when he filed the initial claim for service connection for a psychiatric disorder and as to whether the recurrent major depressive disorder is related to active service. The August 2012 rating decision only represents a partial grant of the claim, since the claim for service connection for a psychiatric disorder was received in December 2007. A claim for benefits for one psychiatric disability also encompassed benefits based on other psychiatric diagnoses and should be considered by VA to be within the scope of the filed claim. Clemons v. Shinseki, 23 Vet. App. 1 (2009). Thus, the Board finds that VA should obtain an addendum medical opinion that clarifies whether the Veteran had a diagnosis of PTSD from December 2007 and whether the major depressive disorder is related to injury, disease, or event in active service or is caused by service-connected disability. The issue of entitlement to TDIU is inextricably intertwined with the issue of entitlement to service connection for PTSD prior to August 5, 2010 and entitlement to a psychiatric disorder other than PTSD. Thus, this issue must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Finally, in January 2011, the Veteran requested a hearing before a Decision Review Officer (DRO). It is unclear from the record whether a DRO hearing or informal conference occurred. On remand, please contact the Veteran and inquire as to whether he still wants a DRO hearing or informal conference with a DRO. The matters are REMANDED for the following action: 1. Contact the Veteran and inquire if he still wants a DRO hearing or informal conference with a DRO in lieu of a hearing. If the Veteran requests either make appropriate arrangements. 2. VA should obtain an addendum medical opinion that clarifies whether the Veteran had a diagnosis of PTSD from December 2007 and whether the major depressive disorder is related to injury, disease, or event in active service or a service-connected disability. The examiner should review the claims file and specifically consider the VA psychiatric opinions dated in September 2008, January 2011, and September 2014. The examiner should render a medical opinion as to whether it is at least as likely as not (at least 50 percent probability) that the Veteran had a diagnosis of PTSD in accordance with DSM-IV or DSM-5 from December 2007 to August 2010. The examiner should render a medical opinion as to whether it is at least as likely as not (at least 50 percent probability) that the major depressive disorder is related to injury, disease, or event in active service or is caused or aggravated by a service-connected disability. (Continued on the next page)   The VA examiner should clearly outline the rationale for any opinion expressed. If any requested medical opinion cannot be given, the VA examiner should state the reason(s) why. If an opinion cannot be provided without an examination, one should be provided. THOMAS H. O'SHAY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C.L. Krasinski, Counsel