Citation Nr: 20005340 Decision Date: 01/23/20 Archive Date: 01/22/20 DOCKET NO. 17-24 515 DATE: January 23, 2020 REMANDED Entitlement to an initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD) with bipolar disorder, depression, anxiety, and impulse control disorder (hereinafter acquired psychiatric disorder) is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Navy from September 2001 to September 2004. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In a June 2017 rating decision, the RO implemented the Board’s May 2017 decision awarding entitlement to a total disability rating due to individual unemployability due to service-connected disabilities (TDIU), and the RO assigned an effective date of February 9, 2015. In a July 2017 VA Form 21-0958, Notice of Disagreement, the Veteran timely appealed the effective date assigned in the June 2017 rating decision. The RO issued a statement of the case on December 31, 2019 denying the earlier effective date claim. The record does not yet reflect that the Veteran has submitted a VA Form 9, Appeal to Board of Veterans’ Appeals, in response to this statement of the case (SOC). The Board acknowledges the Veteran’s attorney’s written argument in December 2019 that TDIU is part and parcel of the increased rating claim currently before the Board. Rice v. Shinseki, 22 Vet. App. 447 (2009); see Harper v. Wilkie, 30 Vet. App. 356 (2018). However, the initial increased rating for an acquired psychiatric disorder before the Board is for the period from February 9, 2015, as that is the effective date awarded to the Veteran for the award of service connection for PTSD in the November 2016 rating decision on appeal. The Veteran has not disagreed with the effective date assigned to the award of service connection for PTSD. As such, the RO’s award of TDIU, effective February 9, 2015 was made effective for the entirety of the period of claim currently before the Board. Hence, this is not a situation where a Rice raised TDIU claim has been bifurcated and remains pending before the Board. See Harper, 30 Vet. App. at 356. As such, the Board is not exercising jurisdiction over the TDIU claim at this time as a VA Form 9 has not been received and it is not yet ready for appellate consideration. Entitlement to an initial rating in excess of 70 percent for an acquired psychiatric disorder is remanded. The Veteran most recently underwent a VA examination for his acquired psychiatric disorder in November 2016. A March 2017 private vocational assessment reflects that the Veteran’s psychiatric symptoms “have gone unabated, if not worsened.” Given the evidence of worsening of the Veteran’s acquired psychiatric disorder since the November 2016 VA examination and the need for more current findings necessary to rate his acquired psychiatric disorder, a new examination is needed. In addition, the March 2017 private vocational assessment illustrates that there may be outstanding relevant VA treatment records related to the Veteran’s acquired psychiatric disorder. The vocational assessment reflects that the Veteran sees a VA counselor for his acquired psychiatric disorder every one to two weeks. A review of the record illustrates that there are consistent VA psychiatric records throughout the appeal period until April 2017. However, the most recent VA treatment record in the Veteran’s file is from April 5, 2017. Therefore, upon remand, any additional VA treatment records from April 2017 onward should be obtained.   This matter is REMANDED for the following actions: 1. Obtain and associate with the Veteran’s electronic record VA treatment records from April 2017 to the present. Contact the Veteran and afford him the opportunity to identify or submit any pertinent evidence in support of his claims, to include records of any private treatment. Based on his response, attempt to procure copies of all records which have not been obtained from identified treatment sources. If any of the records requested are unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e). 2. After completing the development requested in item 1, schedule the Veteran for an appropriate VA examination to evaluate the severity of the Veteran’s acquired psychiatric disorder. The entire claims file should be made available to the examiner in conjunction with this request. All testing deemed necessary to rate mental   disorders under the criteria of the rating schedule must be conducted and the results reported in detail. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Breitbach, 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.