Citation Nr: 20022263
Decision Date: 03/31/20	Archive Date: 03/31/20

DOCKET NO. 19-36 324
DATE: March 31, 2020

REMANDED

Entitlement to initial rating in excess of 30 percent for other specified trauma and stressor disorder is remanded.

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

REASONS FOR REMAND

The Veteran served honorably in the Navy from August 1967 to August 1971. 

This matter comes to the Board of Veterans’ Appeals (Board) from a January 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) that, in pertinent part, assigned a 30 percent rating for Other Specified Trauma and Stressor Disorder, after granting service connection for the same. 

Entitlement to initial rating in excess of 30 percent for other specified trauma and stressor disorder is remanded.

The Veteran was last examined in January 2018 for his other specified trauma and stressor disorder. Since that time, the evidence suggests a worsening of the Veteran’s symptoms. The Veteran reports that he is now taking several medications to treat his symptoms with marginal results. He adds that his wife had to move to another room and now the couple is sleeping separately. Accordingly, as the evidence suggests a worsening of the Veteran’s other specified trauma and stressor disorder, a new examination is deemed necessary. See Snuffer v. Gober, 10 Vet. App. 400 (1997). 

Entitlement to a TDIU is remanded. 

The Veteran has asserted that his mental health condition has affected his ability to maintain employment. The TDIU claim is inextricably intertwined with the other specified trauma and stressor disorder claim. Issues that are inextricably intertwined must be considered together when a decision concerning one could have a significant impact on the other. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Therefore, the claim for TDIU should also be remanded.

The matters are REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the nature and severity of his service-connected Other Specified Trauma and Stressor Disorder.  The Veteran’s electronic claims file must be available to the examiner.

(a) The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s psychiatric disability under the rating criteria. 

(b) Comment as to the Veteran’s ability from August 8, 2017, to function in an occupational environment and describe his functional impairment caused solely by his service-connected disabilities. 

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The medical reasons for the opinions provided should be set forth in detail. If the examiner feels that the requested opinion cannot be rendered without resorting to speculation, such should be stated with supporting rationale.  

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

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.