Citation Nr: 20021428
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-59 142
DATE: March 25, 2020

REMANDED

Entitlement to a disability rating in excess of 30 percent for service-connected posttraumatic stress disorder (PTSD) is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from February 1966 to February 1969, including service in the Republic of Vietnam.

This matter comes before the Board of Veterans’ Appeals (Board) from a September 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified at a hearing with the undersigned in March 2020.  A transcript of that hearing has been added to the Veteran’s file.

1. PTSD Rating.

During the Veteran’s March 2020 hearing, he testified that his PTSD has worsened since his July 2017 VA examination.  He endorsed worsening nightmares, sleep issues, and anxiety.  As such, a new VA examination is needed to evaluate the severity of the Veteran’s current symptoms.

2. TDIU.

The Veteran asserts that he cannot work as a result of his PTSD.  A claim for a TDIU has been raised by the record.  Rice v. Shinseki, 22 Vet. App. 447 (2009).  This issue is inextricably intertwined with the issue of entitlement to a higher rating for PTSD.  Accordingly, this issue must also be remanded.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

It is noted that the TDIU claim dates back to the Veteran’s claim for an increased rating for PTSD – May 1, 2014.   The Board finds that remand is necessary for proper development of this claim as the Veteran has not submitted information regarding his current employment situation.  Upon remand, the RO should again ask the Veteran to provide VA Form 21-4192, Request for Employment Information.

The matter is REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to his claims.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records

2. Ask the Veteran to provide VA Forms 21-8940 and 21-4192 in connection with his claim for a TDIU. 

3. After records development is completed, schedule the Veteran for a VA PTSD examination to determine the current symptoms, level of severity, and functional impairment associated with his PTSD.  The claims file should be reviewed by the examiner.  All necessary tests should be performed, and the results reported.

4. Adjudicate the claim for a TDIU.  If that claim is not granted in full to May 1, 2014, a Supplemental Statement of the Case should be issued.  

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Hofmeister, Attorney Advisor

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.