Citation Nr: 20072489 Decision Date: 11/10/20 Archive Date: 11/10/20 DOCKET NO. 19-06 178 DATE: November 10, 2020 ORDER Entitlement to a rating in excess of 70 percent for a psychiatric disability is denied. REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. FINDING OF FACT The psychiatric disability does not result in total impairment. CONCLUSION OF LAW The criteria for a rating in excess of 70 percent for a psychiatric disability have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.7, 4.130, Diagnostic Code 9412. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from August 2003 to July 2007. The Veteran’s psychiatric disability is evaluated under Diagnostic Code 9412, which provides a 70 percent rating when the evidence shows occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work like setting); and inability to establish and maintain effective relationships. A 100 percent evaluation is warranted for total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. The symptoms listed are not intended to constitute an exhaustive list, but rather serve as examples of the type and degree of the symptoms, or their effects, that would justify a particular rating. Mauerhan v. Principi, 16 Vet. App. 436 (2002). When determining the appropriate disability evaluation to assign, however, the Board’s “primary consideration” is the Veteran’s symptoms. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 118 (Fed. Cir. 2013). A total schedular rating is not warranted. Notably, the record does not suggest impairment more severe than “deficiencies in most areas,” which is the impairment contemplated by the 70 percent rating. The record indicates that the Veteran is consistently oriented with intact judgment, communication, speech, and hygiene/appearance. He is married, and he was able to take classes towards a Computer Science degree and work until February 2020. He has maintained contact with reality throughout the appeal period, and the record does not include any evidence of inability to control his behavior without presenting a risk to himself or others. He has been able to provide his own history during examination and other medical treatment and in conjunction with the appeal. In sum, the Board finds the record does not suggest total impairment, particularly total social impairment, or otherwise more nearly approximate the disability picture contemplated by the total rating. REASONS FOR REMAND The Board finds a claim for a TDIU was raised by the record. Notably, The Veteran has reported that he has stopped working in part due to memory impairment associated with his psychiatric disability. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The issue of entitlement to TDIU has not been developed or adjudicated by the AOJ. Thus, on remand the AOJ should send the Veteran a VA Form 21-8940 to assist in developing his claim (Continued on the next page)   The matters are REMANDED for the following action: Provide the Veteran with appropriate notice regarding the TDIU claim and request that he complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. Explain what is needed to establish entitlement to TDIU due to his service-connected disabilities. Ask the Veteran to submit any additional evidence in support of a TDIU claim, to specifically include information on his work history, salary, and educational history. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Snyder, 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.