Citation Nr: 20007616 Decision Date: 01/30/20 Archive Date: 01/29/20 DOCKET NO. 19-20 587 DATE: January 30, 2020 REMANDED Entitlement to a rating in excess of 70 percent for chronic adjustment disorder is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Navy from July 2015 to September 2016. Although the Board regrets the delay, remand is required to ensure there is a complete record on which to decide the Veteran’s claims. The issue of entitlement to a TDIU was not certified for appeal. However, when evidence of unemployability is submitted during the course of an appeal from an assigned disability rating, a claim for a TDIU will be considered part of the claim for benefits for the underlying disability. Rice v. Shinseki, 22 Vet. App. 447 (2009). As the evidence suggests that the Veteran is unemployable due to symptoms of his service-connected disability, the issue of entitlement to a TDIU has been raised and is within the jurisdiction of the Board. 1. Entitlement to a rating in excess of 70 percent for chronic adjustment disorder is remanded. The Veteran contends he is entitled to a rating in excess of 70 percent for his service-connected chronic adjustment disorder. At the November 2019 Board hearing, the Veteran testified his mental health has been worsening despite ongoing mental health treatment. The Veteran testified he does not have many interpersonal relationships, will have flares of anxiety, and will occasionally forget where he is. Additionally, the Veteran has identified additional treatment records related to his mental health treatment that are not currently of record. The Veteran testified he was receiving treatment at the James J. Howard VA Community-Based Outpatient Clinic in Brick, New Jersey. As such, the Board finds these additional medical records must be obtained before a decision can be rendered. In light of such evidence, additional development is needed to properly adjudicate the issue on appeal. See 38 U.S.C. § 5103A(a); 38 C.F.R. § 3.159; Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). 2. Entitlement to a TDIU is remanded. At the November 2019 Board hearing, the Veteran raised the issue of unemployability due to his chronic adjustment disorder. Thus, the Board has found this issue is properly on appeal. While the Board remands the issues of entitlement to a higher rating for service-connected chronic adjustment disorder for additional evidentiary development, as discussed above, that decision may impact this claim for TDIU. As such, these issues are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). On remand, the AOJ should take the opportunity to conduct any further development necessary to adjudicate the claim. The matters are REMANDED for the following actions: 1. Obtain the Veteran’s outstanding VA treatment records as identified by the Veteran from the James J. Howard VA Community-Based Outpatient Clinic in Brick, New Jersey. 2. After completing the above directive, schedule the Veteran for an examination with an appropriate clinician to determine the current severity of his service-connected chronic adjustment disorder. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. Although an independent review of the claims file is required, the Board calls the examiner’s attention to the following: (a.) The Veteran’s VAMC treatment noting threats of self-harm in October 2017 and November 2017. (b.) The Veteran’s November 2019 Board hearing testimony in which he endorsed increasing psychological symptoms including a speech impediment. The examiner is also asked to provide a statement regarding the impact of the Veteran’s chronic adjustment disorder on his employability. The examiner must provide all findings, along with a complete rationale for any opinions provided. 3. Send the Veteran a VCAA notice letter for his TDIU claim. This notice letter must include (1) a VA Form 21-8940, and (2) a VA Form 21-4192. The AOJ should request that the Veteran fill out these TDIU forms and submit them back to the AOJ. 4. Conduct any further development necessary to adjudicate the Veteran’s claim for a TDIU. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Laura C. Owens 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.