Citation Nr: 18146139 Decision Date: 10/30/18 Archive Date: 10/30/18 DOCKET NO. 14-10 351 DATE: October 30, 2018 REMANDED Entitlement to a rating in excess of 10 percent for chondromalacia right knee is remanded. Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with depressive disorder 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 in the United States Marine Corps from December 1987 to March 1989. These matters come before the Board of Veterans’ Appeals (Board) on appeal from October 2010 and November 2010 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). During the pendency of this appeal, in a February 2014 rating decision, the RO awarded an initial increased 50 percent rating for the Veteran’s PTSD with depressive disorder, effective March 29, 2010 (date of service connection). The issue has been characterized accordingly. In May 2015 correspondence, the Veteran withdrew his request for a hearing. His request for a hearing before the Board is accordingly deemed to be effectively withdrawn. See 38 C.F.R. § 20.702(e). Finally, in a May 2016 rating decision, the RO, in part, granted service connection for grand mal seizures, rated 100 percent disabling, effective March 21, 2016. Such rating has since been considered permanent and totally disabling. The May 2016 rating decision also granted special monthly compensation based on housebound criteria from March 21, 2016. Thus, the claim for entitlement to a TDIU rating has been characterized as entitlement to a TDIU rating prior to March 21, 2016, as entitlement to such after that date has been rendered moot by these awards. See Bradley v Peake, 22 Vet. App. 280, 292-93 (2008); see also Buie v. Shinseki, 24 Vet. App. 242, 249-251 (2010).   1. Entitlement to a rating in excess of 10 percent for chondromalacia right knee is remanded. 2. Entitlement to an initial rating in excess of 50 percent for PTSD with depressive disorder is remanded. 3. Entitlement to TDIU prior to March 21, 2016 is remanded. In July 2018 correspondence, the Veteran’s representative stated that the Veteran’s symptomatology for his service-connected chondromalacia right knee and PTSD with depressive disorder have worsened in severity since the most recent September 2010 VA examinations. Under the circumstances, the Board finds that VA is required to afford him a contemporaneous VA examination to assess the current nature, extent, and severity of his chondromalacia right knee and PTSD with depressive disorder. See Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Thus, these issues must be remanded. Regarding the claim for an increased rating for PTSD with depressive disorder, effective August 4, 2014, VA amended the regulations governing the evaluation of mental disorders by removing outdated references to the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, Fourth Edition (1994) (DSM-IV), and replacing those with references from the recently updated DSM-5. 80 Fed. Reg. 14,308 (March 19, 2015) (DSM-5 does not apply to claims that have been certified for appeal to the Board or are pending before the Board on or before August 4, 2014, even if such claims are subsequently remanded). In this case, the appeal for an initial increased rating for PTSD with depressive disorder was certified to the Board on August 4, 2014, and the psychiatric examination requested on remand should be conducted pursuant to DSM-IV. Additionally, because the Veteran’s TDIU claim is inextricably intertwined with the claims remaining on appeal, appellate consideration of entitlement to a TDIU rating is deferred pending resolution of the remaining claims on appeal. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); see also Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim). Outstanding treatment records should also be secured. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Then schedule the Veteran for a VA examination to determine the current nature and severity of his chondromalacia right knee. The examiner is asked to address the following: (a) Full range of motion testing must be performed where possible. The joints involved should be tested in (1) active motion, (2) passive motion, (3) in weight-bearing, (4) in nonweight-bearing, and (5) with range of motion of the opposite undamaged joint. Please specify range of motion measurements in all areas outlined above. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. (b) Considering the Veteran’s reported history, please also provide an opinion describing functional impairment of the Veteran’s chondromalacia right knee due to flare-ups, accounting for pain, incoordination, weakened movement, and excess fatigability on use, and, to the extent possible, report such impairment in terms of additional degrees of limitation of motion. If the examiner is unable to provide such an opinion without resort to speculation, the examiner must provide a rationale for this conclusion, with specific consideration of the instructions in the VA Clinician’s Guide to estimate, “per [the] veteran,” what extent, if any, flare-ups affect functional impairment. The examiner must include a discussion of any specific facts that cannot be determined if unable to opine without speculation. 4. Then schedule the Veteran for a VA examination to determine the extent and severity of his PTSD with depressive disorder under DSM-IV. The entire claims file must be reviewed by the examiner. All signs and symptoms of the service-connected PTSD with depressive disorder must be reported in detail. C. BOSELY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Marley, Counsel