Citation Nr: 18149881
Decision Date: 11/14/18	Archive Date: 11/13/18

DOCKET NO. 16-49 665
DATE:	November 14, 2018
REMANDED
The issue of a total disability rating for compensation purposes based on individual unemployability (TDIU).
REASONS FOR REMAND
The Veteran had a period of active duty service from October 1979 to February 1981. 
The issue of a total disability rating for compensation purposes based on individual unemployability (TDIU) due to a service connected mental disorder is remanded.
In an October 2016 substantive appeal the Veteran asserts that he has not been able to work since March 2012 due to his service connected depression with sleep disorders and nightmares. He also asserts that he worked out of his spare house bedroom for years twenty-five years because of his depression and chronic fatigue.  As the Veteran essentially asserts that his impairment is more severe than in the past, a new examination is indicated.
At the time of the last examination, the Veteran indicated that he was receiving regular mental health care at the West Palm Beach VA medical center.  Records into 2016 appear to be on file, but records of any additional treatment should be obtained.
The matter is REMANDED for the following action:
1. Contact the Veteran to identify any pertinent private or VA treatment records that might be outstanding and associate them with the claims file including VA or private treatment records, and employment health examinations, and specifically include records of any complaints, diagnosis, or treatments for his service connected disability of depression with sleep disorder and nightmares as it relates to his claim for TDIU.  Specifically records of any ongoing treatment at West Palm Beach should be obtained.
Contact the SSA and request that copies of all medical records developed in association with the favorable disability decision.  
2. Schedule the Veteran for a VA psychiatric examination to assist in determining the current severity of his service connected mental health disorder.  The examiner must be given access to all records contained in Virtual VA and VBMS, and a notation must be made that review of all records has been accomplished.  After a thorough review of the Veteran’s medical records, the examiners are requested to prepare complete reports on all functional impairment caused by the Veteran’s service connected mental disorder and the effect on his ability to work or be employed. The examiner should identify all limitations or functional impairments. 
3. The AOJ must ensure that the examiner’s report complies with this remand and answers the questions presented in the request.  The AOJ must also ensure that the examiner documents consideration of the electronic claims file.
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Elliot Harris, Associate Counsel