Citation Nr: 18154715
Decision Date: 12/03/18	Archive Date: 11/30/18

DOCKET NO. 16-45 558
DATE:	December 3, 2018
REMANDED
Entitlement to a disability rating in excess of 70 percent for bipolar disorder with psychotic features/schizophrenia is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1977 to August 1978.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  
In May 2012 the Veteran filed an informal claim for TDIU, which also triggered a claim for an increased disability rating for his service-connected psychiatric disability, which is his only service-connected disability.  
In May 2013, he submitted a VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability.  However, he failed to provide any of the pertinent information requested such as eduction and employment history.  He was scheduled for a Compensation and Pension examination in July 2016, but he failed to report for the examination.  VA treatment record dated in 2016 do show continued medical treatment.  
In correspondence dated August 2018, the Veteran’s attorney requested that the Veteran be afforded another Compensation and Pension examination, and that given the disabling effects of the service-connected disability, notice of the examination be provided to the attorney as well so that he could assist the Veteran in reporting for the examination.  The Board finds this request reasonable.  
The matters are REMANDED for the following action:
1. Obtain updated VA treatment records pertinent to these claims. 
2. Mail the Veteran another VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability, and request that he complete the form including all pertinent education and employment history.  Copy the Veteran’s attorney on the correspondence.  
3. Schedule the Veteran for a VA mental health examination to determine the current symptoms, level of severity, and functional impairment associated with his service-connected psychiatric disability.  All necessary tests should be performed and the results reported.  To the extent possible, the examiner is asked to comment on any functional impairment resulting from service-connected psychiatric disability that may affect employability.  (E.g., anger outbursts could occur if the Veteran had to deal with customers, sleep disturbance would make it hard for the Veteran to report to work on time, etc.).
Copy the Veteran’s Attorney on any correspondence related to the scheduling of the Compensation and Pension examination.  
4. Then, readjudicate the claims on appeal and issue a Supplemental Statement of the Case if any claim is not granted.  
  
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Havelka, Counsel