Citation Nr: 18149492
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 16-39 342
DATE:	November 9, 2018
REMANDED
Entitlement to a disability rating in excess of 50 percent for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) with major depression, is remanded.
Entitlement to total disability based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND
The Veteran served on active duty from May 2005 to April 2014.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 Rating Decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas, which denied the assignment of a rating disability in excess of 50 percent for service-connected PTSD with major depression.
While the increased rating claim for PTSD was the only issue developed for appeal, the Board notes that a claim for TDIU has been raised by the record in association with this appeal. Specifically, a June 2015 VA examination psychiatric examination report notes that the Veteran has remained unemployed since his last examination.  Moreover, in his October 2015 Notice of Disagreement (NOD), the Veteran stated that he is unable to work due to his service-connected psychiatric disability.

In this regard, a claim for TDIU, either expressly raised by the Veteran or reasonably raised by the record in association with an increased rating, involves an attempt to obtain an appropriate rating for a disability and is part and parcel of the claim for the increased rating on appeal.  Rice v. Shinseki, 22 Vet. App. 447, 454 (2009).  In view of the circumstances described above, a claim for TDIU has been raised by the record and is remanded for the additional development detailed below. 
Moreover, the Secretary has a duty to assist a claimant and must make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate a claim for a benefit.   38 U.S.C. § 5103A(a)(1).  Under that duty, it must make reasonable efforts to help a claimant obtain relevant records that may substantiate a claim, including those from VA Medical Centers (VAMCs) and private medical providers.  38 U.S.C. § 5103A(b)–(c); 38 C.F.R. § 3.159(c).
In an October 2018 correspondence to the Board, the Veteran stated that he has been “routinely seeing a VA psychiatrist, with [his] most recent appointment being in August 2018.”  While the Veteran’s claims file does contain VAMC records for his PTSD diagnosis, the records associated with the claims file do not extend beyond September 2015. 
Thus, additional evidentiary development is necessary to obtain the identified evidence so that the issues on appeal may be fully and fairly adjudicated.  See 38 U.S.C. §5103(A); Rice, 22 Vet. App. at 454; 38 C.F.R. § 3.159(c).
The matter is REMANDED for the following action:
1. Attempt to obtain and associate with the claims file any ongoing VA clinical records from September 20015.  
2. Provide the Veteran with appropriate notice and associated claims forms related to substantiating his claim for TDIU.
3. Conduct any other development deemed necessary and then readjudicate the appeal.
The Veteran has the right to submit additional evidence and argument on the matters that the Board has remanded.  See Kutscherousky v. West, 12 Vet. App. 369, 372 (1999).
This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded for additional development or other appropriate action by the Board or United States Court of Appeals for Veterans Claims must be handled in an expeditious manner.  38 U.S.C. §§ 5109B, 7112.
 
JONATHAN B. KRAMER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Trevor T. Bernard, Associate Counsel