Citation Nr: 18155195
Decision Date: 12/04/18	Archive Date: 12/03/18

DOCKET NO. 17-03 977
DATE:	December 4, 2018
REMANDED
Entitlement to an initial rating in excess of 30 percent for unspecified trauma and stressor related disorder is remanded.
Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served in the United States Army from June 1977 to November 1994.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.
In January 2017, the Veteran submitted a claim for entitlement to a TDIU, therein asserting he has been unable to obtain and maintain substantially gainful employment since February 2016 due to his service-connected unspecified trauma and stressor related disorder (psychiatric disability).  In a July 2017 rating decision, the RO found the issue of entitlement to a TDIU was moot.  The RO provided no explanation for such finding; regardless, the Board herein will assume jurisdiction of the issue of entitlement to a TDIU as intertwined with the initial rating claim on appeal.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  
1. Entitlement to an initial rating in excess of 30 percent for unspecified trauma and stressor related disorder is remanded.
The Veteran last underwent VA examination to determine the severity of his associated psychiatric symptomatology in September 2015.  As noted above, the Veteran now asserts that due to his service-connected psychiatric disability, he has been unable to obtain and maintain substantially gainful employment since February 2016.  Based on this assertion, the Board finds the Veteran’s psychiatric symptoms may have increased in severity since the last VA examination.  Consequently, remand is necessary to obtain any outstanding treatment records and to schedule an appropriate VA examination to assess the current nature and severity of his psychiatric disability.  See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994); VAOPGCPREC 11-95 (1995).  
2. Entitlement to a TDIU is remanded.
As development of the Veteran’s initial rating claim remanded herein could provide additional information concerning the effect of the Veteran’s psychiatric disability on his employability, the Board finds adjudication of entitlement to a TDIU would be premature and the appeal must be remanded for adjudication following such development.  See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are “inextricably intertwined” when a decision on one issue would have a “significant impact” on a veteran’s claim for the second issue).  
The matters are REMANDED for the following actions:
1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to his claims.  After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained.
2. Afford the Veteran an appropriate VA examination to determine the current nature and severity of his service-connected unspecified trauma and stressor related disorder.  The record, to include a complete copy of this Remand, must be made available to the examiner, and the examination report should include discussion of the Veteran’s documented medical history and assertions.  All indicated tests and studies should be accomplished (with all findings made available to the requesting examiner prior to the completion of his or her report), and all clinical findings should be reported in detail.
The examiner should describe the nature and severity of all manifestations of the Veteran’s unspecified trauma and stressor related disorder and the resulting functional impairment of such disability on the Veteran’s social and occupational functioning. 
A rationale should be provided for any opinion offered.  


 
M. M. CELLI
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. R. Montalvo, Associate Counsel