Citation Nr: 18145327
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 10-01 604
DATE:	October 26, 2018
REMANDED
Entitlement to a rating in excess of 50 percent for anxiety neurosis with posttraumatic stress disorder (PTSD) on an extraschedular basis is remanded.
Entitlement to a total rating based on individual unemployability (TDIU).
REASONS FOR REMAND
The Veteran served on active duty from September 1966 to June 1969. 
1. Entitlement to a rating in excess of 50 percent for anxiety neurosis with PTSD on an extraschedular basis is remanded.
2. Entitlement to a TDIU is remanded.
In the September 2018 Informal Hearing Presentation, the Veteran’s representative reported that the Veteran’s psychiatric symptoms have increased.  Accordingly, remand is appropriate to obtain a new VA examination to address the current nature and severity of his service-connected psychiatric disability.
As to the Veteran’s TDIU claim, the Veteran reported that he was working as a minister during VA treatment.  See April 2015 VA Treatment Record.  While this matter is on remand, the Veteran should be provided the opportunity to submit information regarding the nature, hours, and income relating to any employment.
As the September 2018 Informal Hearing Presentation is unclear, the Veteran should also be provided an opportunity to clarify whether he is asserting that his service-connected diabetes mellitus disability affects his ability to obtain and sustain gainful employment.  
In addition, updated VA treatment records should be obtained, to include records from June 2018 to the present.
The matters are REMANDED for the following action:
1. Request clarification from the Veteran regarding the nature, hours, and income relating to any employment from 2002 to the present.  Provide a VA Form 21-8940 to the Veteran and ask him to provide information from 2002 forward.  Ask the Veteran to provide IRS tax returns from 2002 through 2017 and a statement that the copy is an exact duplicate of the return filed with the IRS.  Provide the Veteran with an IRS Form 4506-T “Request for Transcript of Tax Return” which may also be found at https://www.irs.gov/pub/irs-pdf/f4506t.pdf so that the Veteran may request tax returns from 2002 through 2017 and submit them to VA.  Tell the Veteran that if he does not have copies of his tax returns for the requested years, he may use the IRS form cited to above.
2. Provide the Veteran an opportunity to submit evidence regarding any argument that his service-connected diabetes mellitus disability affects his ability to obtain and sustain gainful employment.
3. Obtain any additional VA treatment records, including those dated from June 2018 to the present.
4. After associating any outstanding records with the claims file, afford the Veteran a VA examination to determine the current severity of his anxiety neurosis with PTSD.  Comment on symptoms associated with personality disorder and those associated with the anxiety disorder.  Note whether they are indistinguishable or overlap.  
The Veteran’s file must be reviewed by the VA examiner.
5. Thereafter, readjudicate the claims.  If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto.
 
MARJORIE A. AUER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Purcell, Associate Counsel