Citation Nr: 18149850 Decision Date: 11/13/18 Archive Date: 11/13/18 DOCKET NO. 16-42 449 DATE: November 13, 2018 REMANDED The propriety of reductions for the rating of service-connected posttraumatic stress disorder (PTSD) (previously evaluated as PTSD, traumatic brain injury, and status post excision of left femoral osteochondroma) from 100 percent disabling to 70 percent disabling, and for the discontinuance of special monthly compensation based on housebound, both effective March 1, 2015, is remanded. Entitlement to a rating in excess of 70 percent for PTSD and traumatic brain injury (TBI) (previously separately evaluated as PTSD and TBI) is remanded. REASONS FOR REMAND The Veteran had active military service from April 2011 to June 2012. These matters are on appeal from December 2014 and July 2015 rating decisions. The December 2014 rating decision reduced the evaluation for PTSD from 100 percent to 70 percent and discontinued special monthly compensation based on housebound, effective March 1, 2015. The July 2015 rating decision continued the 70 percent evaluation for PTSD and TBI, conditions which had previously been separately evaluated. 1. Propriety of the reduction. Here, the Veteran was assigned a 100 percent rating at separation pursuant to 38 C.F.R. § 4.28 which provides that to total ratings to be assigned at separation from service when disabilities or injuries from service have not yet stabilized. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under 38 C.F.R. § 3.105(e) of this chapter, whichever is later. In a June 2014 rating decision, the RO granted special monthly compensation based on housebound criteria from October 17, 2013, and proposed reducing the evaluation for the Veteran’s PTSD from 100 percent to 70 percent based primarily on findings made on March 2014 VA examination. A December 2014 rating decision effectuated the proposed rating reduction and reduced the evaluation for PTSD from 100 percent to 70 percent, effective March 1, 2015. Further, this rating decision discontinued special monthly compensation based on housebound, also effective March 1, 2015. In January 2015, the Veteran filed a written statement expressing his disagreement with the December 2014 rating decision. The Board finds that the January 6, 2015 letter is a notice of disagreement with the December 2014 rating decision reducing the Veteran’s benefit. A statement of the case (SOC) was not submitted addressing this issue. This should be done. See Manlincon v. West, 12 Vet. App. 238 (1999). 2. Increased rating claim. Regarding the claim for an increased evaluation for the Veteran’s PTSD, the Board finds that the issue of the propriety of the reduction is inextricably intertwined with the increased rating issue, as both involve considering the evidence regarding the severity of his disability during the same period of time. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are ‘inextricably intertwined’ when they are so closely tied together that a final decision on one issue cannot be rendered until a decision on the other issue has been rendered). For this reason, the Board defers consideration of the increased rating pending the adjudication of the propriety of the reduction. The matters are REMANDED for the following action: 1. Issue a SOC pertaining to the matter of the propriety of the reductions for the evaluation of the Veteran’s PTSD from 100 percent to 70 percent and for the discontinuance of special monthly compensation based on housebound. The Veteran should be notified that a timely substantive appeal must be filed in order to perfect the appeal of this issue. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Davidoski, Associate Counsel