Citation Nr: 20006772 Decision Date: 01/29/20 Archive Date: 01/27/20 DOCKET NO. 16-48 596 DATE: January 29, 2020 REMANDED Entitlement to a rating in excess of 70 percent for PTSD is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, had service from November 1966 to February 1971. In October 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ); a transcript of the hearing is associated with the claims file. 1. Entitlement to a rating in excess of 70 percent for PTSD is remanded. The Veteran testified before the undersigned in October 2019. He indicated that there may be outstanding relevant VA treatment records. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. The evidence indicates that there may be outstanding relevant Vet Center treatment records. A remand is required to allow VA to obtain authorization and request these records. The Veteran also testified that there may be outstanding and relevant Social Security Administration records. A remand is required to allow VA to request these records. During the Board hearing, the Veteran described increased worsening of his PTSD symptoms since his last VA examination in April 2014. However, the Board is without the expertise necessary to determine the extent of worsened symptoms exhibited by the Veteran’s disability. “VA regulations specifically require the performance of a new medical examination ... [when] ‘evidence indicated there has been a material change in a disability or that the current rating may be incorrect.’” Caffrey v. Brown, 6 Vet. App. 377, 381 (quoting 38 C.F.R. § 3.327(a)) (1994). As there is evidence indicating that the Veteran’s condition has worsened since his last VA examination of record, the Board finds that the Veteran’s claim should be remanded to provide him with an updated examination to accurately assess the current condition of this disability. In claims for a rating increase, it is first and foremost a priority to ensure that the most current assessment of the service-connected disability picture is of record. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991). 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. The Board notes that the issue of entitlement to a total disability rating based on individual unemployability cannot be adjudicated until the increased rating issue is addressed because they are intertwined. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated). The matters are REMANDED for the following action: 1. Obtain the Veteran’s federal records from Social Security Administration. Document all requests for information as well as all responses in the claims file. 2. Ask the Veteran to complete a VA Form 21-4142 for any Vet Center he has received treatment, to include in Dundalk, Maryland. After authorization is received, obtain any treatment records for the period from September 2012 to the Present. Document all requests for information as well as all responses in the claims file. 3. Obtain the Veteran’s VA treatment records for the period from June 2016 to the Present. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected PTSD alone. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Connally, 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.