Citation Nr: 18160895
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 14-40 493
DATE:	December 28, 2018

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 2004 to January 2008, including combat service in Afghanistan.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In July 2018, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge.

During his July 2018 Board hearing, the Veteran testified that his PTSD symptoms, including impaired impulse control, sleep difficulties, anger, irritability, anxiety, and reclusive behavior, have worsened.  See July 2018 Board Hearing Transcript at 3-4.  As such, an updated VA PTSD examination is needed, as the June 2011 VA examination may no longer be reflective of the Veteran’s current level of disability.  Updated VA treatment records should also be secured.

Regarding TDIU, on his October 2014 VA Form 9, the Veteran stated he is unable to maintain meaningful employment due to his worsening PTSD symptoms that interfere with his interpersonal relationships and work.  Thus, the issue of entitlement to a TDIU has been raised and is within the jurisdiction of the Board.  See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009).  Therefore, upon remand the Veteran’s TDIU claim should be developed.  

The matters are REMANDED for the following action:

1. Send the Veteran an Application for Increased Compensation Based on Unemployability, VA Form 21-8940, and notice of how to substantiate a TDIU.

2. Obtain any outstanding VA treatment records.

3. Then schedule the Veteran for a VA examination to address the current severity of his PTSD, to include the impact on his social and occupational functioning.  

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	R. Asante, Associate Counsel