Citation Nr: 18154686 Decision Date: 11/30/18 Archive Date: 11/30/18 DOCKET NO. 11-15 292A DATE: November 30, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to a total disability rating due to individual unemployability is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1977 to March 1980. 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. Although the Board regrets the delay, remand is necessary to ensure that there is a complete and adequate record upon which to decide the Veteran’s claims. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran contends he has acquired psychiatric disability that is due to service. See March 2018 Hearing Transcript. In a May 2018 remand, the Board directed VA to obtain a VA examination and opinion regarding the etiology of the Veteran’s claimed psychiatric disability. The Board specifically directed the examiner to consider the Veteran’s March 2018 hearing testimony regarding physical altercations in service and provide opinions on whether an acquired psychiatric disability was incurred in or aggravated by service. See March 2018 Hearing Transcript; see also May 2018 Remand. VA obtained an examination and opinion in September 2018; however, the examiner did not provide an adequate discussion of the Veteran’s contentions of in-service altercations or an opinion on whether acquired psychiatric disorder was aggravated by service. See September 2018 Examination. The Board finds an additional opinion is necessary to address the Veteran’s March 2018 testimony and whether an acquired psychiatric disorder was aggravated by service. Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007). 2. Entitlement to a total disability rating due to individual unemployability is remanded. As noted in the May 2018 remand, the Veteran submitted Social Security Administration records showing he has been declared disabled as of January 21, 2010 due to psychiatric disabilities and his service-connected migraine headaches. The Veteran does not meet the schedular requirements for consideration of a total rating based on individual unemployability. 38 C.F.R. § 4.16(a). In light of the remand for service connection for an acquired psychiatric disorder, the Board finds these issues are inextricably intertwined and additional development is necessary. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. The AOJ should secure any outstanding, relevant VA medical records. 2. Refer the electronic claims file to an appropriate medical professional for opinion pertaining to the claimed psychiatric disability. The entire claims file must be made available to the designated examiner. If additional examination is deemed necessary, one should be provided. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history and assertions. The examiner should offer comments, an opinion, and a supporting rationale that addresses whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran manifests a current acquired psychiatric disability was incurred in service. The examiner should offer comments, an opinion, and a supporting rationale that addresses whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran manifests a current acquired psychiatric disability was aggravated (increased in severity beyond normal progression of the disease) by service. In providing this opinion, the examiner should address the Veteran’s testimony that he was involved in physical altercations in service. See Hearing testimony dated March 2018, pg 31. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. 3. After readjudicating the service-connection claim for an acquired psychiatric disability, if the Veteran still does not meet the schedular requirements for TDIU, refer the Veteran’s claim for TDIU on an extraschedular basis to VA’s Director of Compensation Service for adjudication in accordance with 38 C.F.R. § 4.16(b) as the Veteran has submitted evidence of unemployability. Otherwise, readjudicate the claim in accordance with 38 C.F.R. § 4.16(b). A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Trickey