Citation Nr: 20052960
Decision Date: 08/10/20	Archive Date: 08/10/20

DOCKET NO. 16-09 004
DATE: August 10, 2020

REMANDED

Entitlement to an increased rating for service-connected posttraumatic stress disorder (PTSD), evaluated as 70 percent disabling for the period from February 24, 2014, until July 29, 2014, 50 percent for the period, from July 30, 2014, until November 15, 2015, and 70 percent thereafter is remanded.

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

REASONS FOR REMAND

The Veteran, who is the appellant in this case, served on active duty in the United States Army from August 1990 to January 1996, from May 2004 to May 2005, and from June 2008 to August 2008. These matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 (anxiety) and January 2016 (TDIU) rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ).  A copy of the transcript has been associated with the electronic claims file.

1. The Claims on Appeal are Remanded.

The Veteran last underwent an examination to determine the severity of the service-connected generalized anxiety disorder in July 2016. Since that examination, the Veteran has indicated that he continues to seek treatment through the VA for the service-connected generalized anxiety disorder, however, the most recent treatment records associated with the claims file are from December 2015.

While the passage of time alone does not warrant a new examination, given the extent of treatment the Veteran has reported for the service-connected generalized anxiety disorder during the appeal period, and indications of potential worsening, the Board finds that a current examination is necessary. Palczewski v. Nicholson, 21 Vet. App. 174 (2007); see also Barr v. Nicholson, 21 Vet. App. 303 (2007).

Regarding a TDIU rating, it is unclear whether the Veteran is employed, and if so, whether that work constitutes marginal employment. Specifically, during the March 2019 Board hearing, the Veteran indicated he was currently working but the dates and nature of that employment remain unclear. The Veteran last submitted a VA Form 21-8940 in 2015, as such, an up-to-date form is required to properly adjudicate the claim.

The matters are REMANDED for the following action:

1.  Send the Veteran a VA Form 21-8940 and request that he complete it with exact dates for all periods of employment.

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2.  Associate any VA treatment records since December 2015 with the electronic claims file.

3.  After completion of the above-specified development, schedule the Veteran for a VA psychiatric examination, to assess the current nature and severity of the service-connected generalized anxiety disorder. The VA examiner should review the evidence associated with the record. All necessary tests and studies should be conducted. The VA examiner should specifically comment on the impact of the Veteran's generalized anxiety disorder on his activities of daily living and ability to maintain substantially gainful employment.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Teague, Associate 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.