Citation Nr: 19159367 Decision Date: 08/01/19 Archive Date: 07/31/19 DOCKET NO. 16-03 858 DATE: August 1, 2019 REMANDED Entitlement to a rating in excess of 50 percent for an adjustment disorder with depressed mood is remanded. Entitlement to a total rating based on individual unemployability due to service connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active military service from April 1967 to August 1967. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In March 2019, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Increased Rating – Adjustment Disorder The Veteran was most recently afforded an examination for his adjustment disorder with depressed mood in December 2015. At his March 2019 Board hearing, it was indicated that the Veteran’s adjustment disorder had worsened since his most recent VA examination. As the above evidence indicates a possible worsening of the Veteran’s adjustment disorder since his last VA examination, an additional examination should be afforded to gauge the current level of severity of his disability. Entitlement to a TDIU Regarding the TDIU issue, the Board notes that the issue of entitlement to a TDIU is inextricably intertwined with the claim remanded herein. Harris v. Derwinski, 2 Vet. App. 180, 183 (1991). Hence, a determination on the claim for TDIU should be deferred pending final dispositions of the claim of entitlement to an increased rating for an adjustment disorder with depressed mood. Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issues on appeal. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of all impairment resulting from his service-connected adjustment disorder with depressed mood. The claims file must be made available to, and reviewed by the examiner. All indicated tests and studies must be performed. The examiner must provide all information required for rating purposes. 3. Confirm that the VA examination report and any opinions provided comport with this remand, and undertake any other development found to be warranted. 4. Then, readjudicate the issues on appeal. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.