Citation Nr: 18152594
Decision Date: 11/23/18	Archive Date: 11/23/18

DOCKET NO. 16-43 626
DATE:	November 23, 2018
REMANDED
Entitlement to an evaluation in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.
Entitlement to an effective date prior to February 14, 2018, for the award of an increased evaluation of 70 percent for PTSD is remanded.
Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU rating) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1971 to April 1973, including service in the Republic of Vietnam.  For his meritorious service, the Veteran was awarded (among other decorations) the Combat Action Ribbon.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  
1. Entitlement to an evaluation in excess of 70 percent for PTSD is remanded.
2. Entitlement to an effective date prior to February 14, 2018, for the award of an increased evaluation of 70 percent for PTSD is remanded.
3. Entitlement to a TDIU rating is remanded.
The Veteran is seeking entitlement to a TDIU rating.  
During the course of this appeal, the RO issued a July 2018 rating decision which granted an increased evaluation of 70 percent for the Veteran’s service-connected PTSD, effective February 14, 2018.  In August 2018, the Veteran filed a timely notice of disagreement contesting both the newly assigned disability evaluation and the effective date of this award.  A statement of the case (SOC) has not been issued, and a remand is required for the RO to issue it.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).  After the RO has issued the SOC, these issues should be returned to the Board only if the Veteran perfects the appeal in a timely manner.  See Smallwood v. Brown, 10 Vet. App. 93, 97 (1997).
The Veteran’s claim for TDIU is intertwined with the issues discussed above. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered).  Thus, the issue of entitlement to a TDIU rating will be deferred pending the development indicated below.
The matters are REMANDED for the following action:
1.  Issue an SOC regarding the Veteran’s claim of entitlement to an evaluation in excess of 70 percent for PTSD; and entitlement to an effective date prior to February 14, 2018, for the award of an increased evaluation of 70 percent for PTSD. The Veteran should be informed that a timely substantive appeal will be necessary to perfect an appeal to the Board concerning these claims.
2.  After completing the development requested above, and any other development deemed necessary, readjudicate the Veteran’s claim of entitlement to a TDIU rating.  If the benefit sought is not granted in full, the Veteran and his representative should be furnished a Supplemental Statement of the Case and given the opportunity to respond thereto. The case should then be returned to the Board, if otherwise in order.
 
Evan M. Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	W. Yates, Counsel