Citation Nr: 20003692
Decision Date: 01/15/20	Archive Date: 01/15/20

DOCKET NO. 17-60 945
DATE: January 15, 2020

REMANDED

Entitlement to a rating in excess of 50 percent for the service-connected pain disorder is remanded.

Entitlement to total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active service from February 1964 to August 1965. During the current appeal, and specifically in October 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ).

1. Entitlement to a rating in excess of 50 percent for the service-connected pain disorder

The Veteran asserts that his service-connected pain disorder warrants a higher rating. He last underwent a VA examination for this disability in October 2017. At his subsequent October 2019 Board hearing, he testified that his pain disorder had worsened, in that his short- and longer-term memory had become impaired. He also reported that he was unable to work due to his service-connected disability. As there is an assertion of worsening symptomatology since the last VA examination, a remand is warranted to ensure that the record contains evidence regarding the current severity of this disorder. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121 (1991); Caffrey v. Brown, 6 Vet. App. 377 (1994).  

2. Entitlement to a TDIU

A claim for a TDIU is part of an increased rating claim when such claim is expressly raised by the Veteran or reasonably raised by the record. Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). Here, the Board notes that the Veteran has asserted that his ability work has been impacted by his pain disorder as noted during testimony at his hearing before the undersigned VLJ. Thus, the Board finds that the Veteran’s appeal properly includes consideration of whether a TDIU is warranted. However, adjudication of this claim is inextricably intertwined with the resolution of the remanded increased rating claim.

These matters are REMANDED for the following action:

Schedule the Veteran for a VA psychiatric examination to assess the current severity of his service-connected pain disorder. The examiner must review the claims file and must note that review in the examination report. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. 

The examiner must consider the Veteran’s statements and the statement submitted by his family regarding the severity of his symptomatology. The examiner should make specific findings as to the severity, frequency and duration of all symptoms related to this service-connected disorder. The examiner should also opine as to the impact of the service-connected pain disorder on the 

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Veteran’s ability to obtain and maintain gainful employment, in light of his educational background and work history.  

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Dworkin, 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.