Citation Nr: 18155125 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 18-20 590 DATE: December 4, 2018 REMANDED Entitlement to an initial rating for service-connected posttraumatic stress disorder (PTSD) and major depressive disorder (MDD), in excess of 50 percent prior to December 12, 2016 and 70 percent thereafter, is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2008 to April 2016. Service in Southwest Asia is indicated by the record. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina, which granted entitlement to service connection for MDD with unspecified anxiety disorder and assigned a 50 percent evaluation from April 22, 2016. The Veteran disagreed with the assigned rating and this appeal follows. In a February 2017 rating decision, the RO increased the assigned initial rating for service-connected PTSD and MDD to 70 percent from December 12, 2016. The Veteran has not expressed satisfaction with the increased initial disability rating; this matter thus remains in appellate status. See AB v. Brown, 6 Vet. App. 35, 38 (1993) (when a veteran is not granted the maximum benefit allowable under the VA Schedule for Rating Disabilities, the pending appeal as to that issue is not abrogated). During the course of the pending appeal, the Veteran described an inability to retain employment due to his service-connected PTSD and MDD. See, e.g., the Veteran’s statement dated February 2017. The claim was denied in a March 2017 rating decision. As this matter is raised in conjunction with the initial rating claim, the question of entitlement to a TDIU is now properly on appeal and will be addressed herein. Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. Entitlement to an initial rating for service-connected PTSD and MDD, in excess of 50 percent prior to December 12, 2016 and 70 percent thereafter, is remanded. The Veteran was most recently afforded a VA examination with respect to his service-connected PTSD and MDD in December 2016. VA treatment records have been added to the VA claims file, which show that the Veteran subsequently received in-patient treatment for depression, anxiety, and suicidal ideation. See, e.g., the VA treatment records dated December 2017 and January 2018. Moreover, the Veteran has recently asserted that his service-connected psychological symptomatology has worsened in severity since the December 2016 VA examination. See, e.g., the VA Form 9 dated March 2018. As such, this matter should be remanded to provide the Veteran a new VA examination to obtain contemporaneous, pertinent information to assess the current nature and severity of his PTSD and MDD. See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995). Prior to arranging for the Veteran to undergo further VA examination, to ensure that all due process requirements are met, and that the record is complete, the AOJ should undertake appropriate action to obtain all pertinent, outstanding records. In addition, a February 2017 application for Social Security Administration (SSA) disability benefits has been associated with the record. The application, completed by the Veteran’s mother, contains contentions of entitlement to SSA disability benefits based solely on the Veteran’s psychological symptomatology. As these records are potentially pertinent to the pending claims, the AOJ should obtain the Veteran’s SSA records upon remand. See Golz v. Shinseki, 590 F.3d 1317, 1320-1321 (Fed. Cir. 2010) (VA’s duty to assist includes obtaining records from SSA when potentially relevant). 2. Entitlement to a TDIU due to service-connected disabilities is remanded. The matter of entitlement to a TDIU is inextricably intertwined with the matter of entitlement to a higher initial rating for service-connected PTSD and MDD. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two or more issues are inextricably intertwined if one claim could have significant impact on the other). Therefore, this claim must also be remanded. The matters are REMANDED for the following action: 1. Obtain all outstanding records of VA evaluation and/or treatment of the Veteran. Follow the procedures set forth in 38 C.F.R. § 3.159(c) with respect to requesting records from Federal facilities. All records/responses received should be associated with the claims file. 2. Request that SSA furnish a copy of its decision awarding the Veteran disability benefits, as well as copies of all medical records underlying that determination. Follow the procedures set forth in 38 C.F.R. § 3.159(c) as regards requesting records from Federal facilities. All records and/or responses received should be associated with the claims file. 3. Thereafter, schedule the Veteran for a VA psychiatric examination to determine the severity of his PTSD and MDD. The claims file, including a copy of this remand, must be made available to the examiner for review in connection with the examination. All necessary tests and studies, including appropriate psychological studies (if determined to be necessary by the examiner), should be conducted in order to identify the degree of social and occupational impairment attributable to PTSD and MDD. The results of any such testing and studies should be included in the examination report. The examiner should provide a detailed account of all manifestations of the service-connected PTSD and MDD found to be present. Additionally, the examiner should discuss all occupational impact attributable to PTSD and MDD. All examination findings/testing results, along with complete, clearly-stated rationale for the conclusions reached, must be provided. K. CONNER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. K. Buckley, Counsel