Citation Nr: 18153795 Decision Date: 11/29/18 Archive Date: 11/28/18 DOCKET NO. 08-28 188 DATE: November 29, 2018 REMANDED Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had a period of honorable service from January 1977 to January 1980. The Veteran’s active service from January 1980 to December 1980 is considered dishonorable for VA purposes. This matter comes before the Board of Veterans’ Appeals on appeal from a November 2007 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. A Travel Board hearing was held at the RO in May 2011 before a Veterans Law Judge (VLJ) who is no longer available to participate in a decision of the Veteran’s claims. A copy of the hearing transcript is of record. In July 2017, the Veteran testified at a videoconference hearing before the undersigned Veteran’s Law Judge; a transcript is of record. The appeal was previously remanded in December 2017. The Board acknowledges that in October 2018 and November 2018, the Veteran perfected separate appeals a via VA Form 9 on claims for service connection for prostate cancer and nonservice-connected pension benefits. As part of both claims, he requested a Board hearing at a local VA office. The Veteran has not yet been afforded this hearing. Accordingly, these claims will be addressed at a later time, if in order. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the Veteran if further action is required. 1. Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD) The Veteran seeks service connection for a psychiatric disorder, to include PTSD. In December 2017, the Board remanded this appeal to, inter alia, schedule a VA examination to determine the nature and etiology of the Veteran’s psychiatric disorder. The VA examiner was asked to “Specifically state whether the Veteran has a current diagnosis of PTSD under the DSM-IV or DSM-5 standards.” A VA examination was conducted in January 2018, and the examination report that followed shows the examiner determined the Veteran has a DSM 5 diagnosis of ‘unspecified trauma and stressor-related disorder’ that is unrelated to military service, but not a diagnosis of PTSD. The examiner did not address whether the Veteran has a current diagnosis of PTSD under the DSM-IV however. Given this deficiency, there has not been substantial compliance with the Board’s remand directives and an addendum opinion is required. Stegall v. West, 11 Vet. App. 268 (1998); see 38 C.F.R. § 4.2. 2. Entitlement to a total disability rating based on individual unemployability (TDIU) The Veteran asserts that he is unable to work due to PTSD or other psychiatric disorder. The Board is remanding the issue of entitlement to service connection for a psychiatric disorder, to include PTSD. The resolution of this claim may affect the outcome of the TDIU claim. Accordingly, the Board finds the claims to be inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180 (1991). Adjudication of the claim for a TDIU is deferred. The matters are REMANDED for the following action: Return the claim file to the January 2018 VA examiner for an addendum opinion concerning the nature and etiology of the Veteran’s psychiatric disorder. If that examiner is unavailable, the opinion should be obtained from an equally qualified examiner. The claims file, to include a copy of this remand, should be reviewed. a) The examiner is asked to specifically state whether the Veteran has a current diagnosis of PTSD under the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders (4th Ed. 1994) (DSM-IV) criteria. b) If the examiner determines that PTSD is present, then he or she must specify the stressor supporting the diagnosis and indicate whether such is related to service. The examiner is again advised that the Veteran’s reported in-service stressor (witnessing soldiers being severely burned following a flash fire from charges from mortar rounds aboard a M106 carrier in June 1977) has been officially corroborated. A complete rationale must be provided. This claim must be afforded expeditious treatment. The law requires that all claims remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Lauritzen, Associate Counsel