Citation Nr: 18145588
Decision Date: 10/30/18	Archive Date: 10/29/18

DOCKET NO. 13-30 972A
DATE:	October 30, 2018
REFERRED
Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service connected bilateral foot disabilities, is referred.
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REFFERAL
The Board finds that the issue of entitlement to service connection for an acquired psychiatric disorder has been raised by the record.  In a May 2013 statement, the Veteran reported that he was depressed as a result of his service connected bilateral foot disabilities.  At his May 2017 Board hearing, the Veteran and his wife both credibly testified that the Veteran was depressed due to his service connected bilateral foot disabilities.  However, this issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over it, and it is referred to the AOJ for appropriate action.  38 C.F.R. § 19.9(b).
 
REASONS FOR REMAND
The Board finds that the issue of entitlement to a TDIU is inextricably intertwined with the adjudication of the referred issue, and therefore it will be remanded.
1. First, adjudicate the issue of entitlement to service connection for an acquired psychiatric disorder, to include as secondary to the Veteran’s service connected bilateral foot disabilities.
2. Then, readjudicate the issue of entitlement to a TDIU.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Berryman, Counsel