Citation Nr: 18157550
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 14-43 549
DATE:	December 12, 2018
REMANDED
Evaluation of PTSD rated as 30 percent disabling prior to October 14, 2015, is remanded.
Evaluation of PTSD rated as 50 percent disabling effective October 14, 2015 is remanded.
Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
1. Entitlement to a rating in excess of 30 percent prior to October 14, 2015, and in excess of 50 percent as of that date for PTSD is remanded.
The most recent examination for this disability is over three years old. Since that time, the Veteran has indicated in written arguments and in VA treatment records that his disability has worsened and is more disabling than currently rated. To wit, the Veteran underwent a recent mental health hospitalization at VA in October 2018. A November 2018 follow-up visit reflects that he reports visual and auditory hallucinations, and notes the people are not nice. He described someone in the corner of the room during the November 2018 visit. He also reported he was taking his medication but does not feel that it helps. His mood is up and down. A November 2018 home visit by VA personnel reflects that he is trying to live on his own after being in significant structured substance abuse and mental health treatment as well as the Homeless Veteran’s Program. Mental status evaluation in February 2017 indicates he was not sleeping well and was hearing voices. Additionally, an April 2017 caregiver evaluation reflects the perception that his PTSD was worsening. He was hospitalized at the WS facility for depression, chronic PTSD, and substance abuse for 35 days in September-October 2016. Finally, while he is considered competent at present, VA deemed him incompetent for a period in 2016 due to mental health issues.  
In light of the Veteran's not inherently incredible statements and the suggestions in the treatment record that his disability picture has worsened since his last examination, another examination must be afforded to accurately assess his current level of disability. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of PTSD.
2. TDIU is remanded.
Inasmuch as the issue of employability has been implicated by this higher rating claim, a TDIU claim is properly before the Board on appeal. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Veteran urged in his December 2014 VA form 21-8940 that he is unable to work due to PTSD. The RO denied this claim in a November 2015 rating decision on the basis that the Veteran was working. It is unclear whether he is working. Moreover, he has reported that he has filed a claim for Social Security disability (SSA).  
Because additional development as to the TDIU claim is needed prior to Board review, remand of the claim for TDIU is required. 
The matters are REMANDED for the following action:
1. Obtain updated VA and identified treatment records and any records associated with the aforementioned SSA disability claim.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.
3. Conduct any additional development pertinent to the TDIU.
4. Then, readjudicate the Veteran’s claims. If any claim remains denied, the Veteran should be provided with a Supplemental Statement of the Case (SSOC). After the Veteran and his representative have been given the applicable time to submit additional argument, the claim(s) should be returned to the Board for further review.
 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. RIPPEL