Citation Nr: 18160904
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 16-60 064
DATE:	December 28, 2018

REMANDED

Entitlement to a disability rating higher than 70 percent for acquired psychiatric disorder/posttraumatic stress disorder (PTSD), alcohol use disorder, cannabis use disorder, previously addressed as chronic anxiety reaction with anxiety symptoms (hereinafter psychiatric disability), is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to January 1968.

Even though the Veteran did not submit a separate notice of disagreement for this issue, TDIU has been raised as part and parcel of his increased rating claim for his psychiatric disability and will be included in the current appeal.  See Harper v. Wilkie, ___ Vet. App. ___, No. 16-3519 (Dec. 6, 2018); Rice v. Shinseki, 22 Vet. App. 447 (2009).

1. Entitlement to a disability rating higher than 70 percent for the Veteran’s service-connected psychiatric disability is remanded.

2. Entitlement to a total disability rating based upon individual unemployability is remanded.

For both of the issues on appeal, evidence in the record reflects that there may be outstanding and relevant Social Security Administration (SSA) records.  See June 2015 VA PTSD examination report (stating the Veteran stopped working and began collecting SSA benefits); see also April 2016 VA 21-8940 (indicating that the Veteran is receiving or expecting to receive disability retirement benefits); 2015 Joint Income Tax Return (including Social Security benefits as income).  A remand is required to allow VA to request these records.

Additionally, on remand VA should obtain any relevant treatment records since October 2016.

The matters are REMANDED for the following actions: 

1. Obtain the Veteran’s federal records from the SSA. Document all requests for information as well as all responses in the claims file.

2. Obtain the Veteran’s VA treatment records for the period from October 2016 through the present.

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	K.Gielow, Counsel