Citation Nr: 20006174
Decision Date: 01/24/20	Archive Date: 01/24/20

DOCKET NO. 19-24 839
DATE: January 24, 2020

REMANDED

Entitlement to a rating in excess of 70 percent for major depressive disorder with other specified personality disorder is remanded.

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

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from July 1998 to January 2007, to include service in Iraq.  His decorations include the Combat Infantryman Badge.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In an August 2019 VA Form 9 (Appeal to Board of Veterans’ Appeals), the Veteran raised the issue of his entitlement to a TDIU due to his service-connected major depressive disorder with other specified personality disorder.  Accordingly, that matter needs to be addressed as well.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).

1. Entitlement to an increased rating for major depressive disorder with other specified personality disorder is remanded.

The Veteran was last examined for purposes of assessing the severity of his major depressive disorder with other specified personality disorder in March 2018.  In his August 2019 VA Form-9, he indicated that his disability had worsened since that time, such that he was soon to be divorced from his wife.  Under the circumstances, a new examination is warranted.  See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

2. Entitlement to a TDIU is remanded.

Because the development sought in connection with the Veteran’s claim for a higher rating for his major depressive disorder with other specified personality disorder may impact his TDIU claim, the Board finds the issues to be intertwined.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); Holland v. Brown, 6 Vet. App. 443 (1994); Henderson v. West, 12 Vet. App. 11 (1998).  As such, the TDIU claim will be remanded as well.

These matters are REMANDED for the following action:

1. Obtain copies of records pertaining to any relevant VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

2. After the foregoing development has been completed, arrange to have the Veteran scheduled for a VA psychiatric examination for purposes of assessing the current severity of his major depressive disorder with other specified personality disorder.  The examiner should provide a full description of the Veteran’s associated functional impairments as they relate to his ability to engage in occupational and social activity. 

3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, the issues on appeal should be readjudicated based on the entirety of the evidence.  If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Gandhi, 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.