Citation Nr: 18157154
Decision Date: 12/12/18	Archive Date: 12/11/18

DOCKET NO. 17-23 117
DATE:	December 12, 2018
REMANDED
The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1970 to March 1972, during the Vietnam Era.
1. The issue of entitlement to TDIU.
Although a January 2017 Heart Conditions VA Examination Report suggests the Veteran may be precluded from physical employment as a result of his service-connected hypertensive heart disease, it is unclear from the July 2017 Mental Disorders VA Examination Report whether he would be unable to perform the mental acts required by employment as a result of his service-connected major depressive disorder.  See 38 C.F.R. § 4.16 (2017); Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993).  Significantly, while the July 2017 VA examiner opined his occupational and social impairment rose only to the level of occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, the VA examiner also found he suffered from near-continuous panic or depression, which affected his ability to function independently, appropriate, and effectively.  Therefore, a remand is necessary to obtain a VA medical opinion regarding the occupational impairment resulting from the combination of his service-connected disabilities.
As another matter, a review of the claims file reveals the Veteran recently filed claims for an increased disability rating for each of his service-connected disabilities in May 2018.  See May 2018 Veteran’s Supplemental Claim.  These claims have yet to be adjudicated by the Regional Office.  The issue of entitlement to TDIU is inextricably intertwined with these claims as the resolution of these claims may impact the Board’s assessment of the occupational impairment arising from the combination of his service-connected disabilities.  See Anglin v. West, 11 Vet. App. 361, 367 (1998); Harris v. Derwinski, 1 Vet. App. 180 (1991).  As such, a remand is appropriate on this basis as well.
The matter is REMANDED for the following action:
1. Translate the August 2018 Statement in Support of Claim received from the Veteran’s wife, E.N.R., from Spanish to English.
2. Once all pending increased disability rating and service connection claims have been adjudicated, schedule the Veteran for examinations by appropriate clinicians regarding the current severity of his hypertension and major depressive disorder.  The examiner should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of service-connected disabilities on employment.  The examiner should identify all limitations or functional impairment caused solely by the service-connected disabilities.

3. Once the above requests have been completed, to the extent possible, readjudicate the appeal.
 
M. Donohue
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Suh, Associate Counsel