Citation Nr: 18147787
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 17-34 688
DATE:	November 6, 2018
REMANDED
Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with major depressive disorder and alcohol abuse in early remission 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 November 2005 to November 2014.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
The Board finds that the issue of entitlement to a TDIU is included in the Veteran’s appeal.  Rice v. Shinseki, 22 Vet. App. 447 (2009).  Specifically, in the May 2017 substantive appeal, the Veteran indicated that he was unable to work due to his service-connected PTSD with major depressive disorder and alcohol abuse in early remission.  Thus, the Board finds that the record raises the claim for a TDIU due to the Veteran’s service-connected disabilities, and the issue of entitlement to a TDIU claim is before the Board.
1. Entitlement to an initial disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with major depressive disorder and alcohol abuse in early remission is remanded.
The record indicates that the Veteran’s PTSD with major depressive disorder and alcohol abuse in early remission has worsened since his last VA examination.  The Board notes that the Veteran last underwent a VA examination for his PTSD with major depressive disorder and alcohol abuse in early remission in December 2015, over two years ago.  Therefore, a more contemporaneous medical examination is warranted.  Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the rating of the disability will be a fully informed one); Caffrey v. Brown, 6 Vet. App. 377 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”).
2. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
The issue of entitlement to a TDIU must be remanded together with the other remanded issue because they are inextricably intertwined.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).
The matters are REMANDED for the following action:
1. Provide the Veteran appropriate notice in connection with the claim for a TDIU.  The Veteran should be requested to complete and submit an Application for Increased Compensation based on Unemployability (VA Form 21-8940), and the RO should undertake all further appropriate actions for development of this claim. 
2. Schedule the Veteran for a PTSD examination with an appropriately qualified examiner to determine the current nature and severity of his service-connected PTSD with major depressive disorder and alcohol abuse in early remission.  The examiner should review the claims file and should note that review in the report.  After examining the Veteran and conducting any studies and/or tests deemed necessary, the examiner should fully describe all symptomatology and functional deficits associated with his service-connected PTSD disability and should opine as to their severity.  The examiner should also comment on the Veteran’s current level of social and occupational impairment due to his service-connected PTSD.
3. Thereafter, readjudicate the claims, to include the claim for TDIU.  If any benefit sought is denied, in whole or in part, the Veteran must be furnished a supplemental statement of the case and afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
J. Rutkin
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Ko, Associate Counsel