Citation Nr: 20060552 Decision Date: 09/15/20 Archive Date: 09/15/20 DOCKET NO. 15-41 247A DATE: September 15, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from July 2002 to December 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to TDIU is remanded. The Veteran contends that he is entitled to TDIU due to his service-connected posttraumatic stress disorder (PTSD). See November 2014 VA Form 21-8940. The Veteran was last afforded a VA PTSD examination in February 2015 where the examiner opined the following: While the Veteran[] perceives that he could not work, there have actually been some improvements in his experience of symptoms as noted above, therefore there is not sufficient support to conclude that the Veteran could not successfully secure and maintain employment. The Veteran has assumed the disabled role since being awarded the VA compensation but he has also shown great strides from where he was many years ago. There Veteran has some good insights into what he is good at and able to do in terms of employment and not being able to find a job you prefer or with a schedule that you prefer does not make one unemployable. His PTSD would likely have a mild to moderate impact on employment due to mostly his hypervigilance, irritability, and labile moods. The Veteran would likely benefit from continued engaged in meaningful activities such as school or work as opposed to being idle which could interfere with progress. However, a November 2017 VA Form 28-1902n (Counseling Record Narrative), indicates that the Veteran experienced heightened suicidal ideations in the spring of 2015 and received treatment from Wounded Warrior program. It also indicated that the Veteran participated in a reality television show for an ironman competition. It is unclear as to the current or even the past severity of the Veteran’s PTSD disability and how it impacts his ability to maintain and sustain employment. Further, there are no records from the Wounded Warrior Project. Therefore, the Board finds that a remand is necessary to obtain a VA examination to determine the current severity of the Veteran’s service-connected PTSD. Further, on remand, the Agency of Original Jurisdiction (AOJ) should obtain any outstanding relevant treatment records, including those from the Wounded Warrior Project. Up to date VA treatment records should also be obtained and associated with the Veteran’s electronic claims folder. Finally, in a November 2015 correspondence (filed as a Form 9), the Veteran’s agent represented that she attached a letter from Dr. R.P. who discussed the impacts of the Veteran’s traumatic brain injury (TBI) and PTSD. However, the attached letter is largely illegible. On remand, the representative should be given another opportunity to submit a legible copy. The matters are REMANDED for the following action: 1. Obtain VA treatment records pertaining to the Veteran that date from April 2019 and associate them with the electronic claims folder. 2. Contact the Veteran and request that he provide or authorize the release of records (not already of record) from any private facility where he has been treated for his PTSD. See November 2017 VA Form 28-1902n (Counseling Record Narrative) which indicates treatment with the Wounded Warrior project. If, after making reasonable efforts to obtain non-VA records the AOJ is unable to secure same, the AOJ must notify the Veteran and (a) identify the specific records the AOJ is unable to obtain; (b) briefly explain the efforts that the AOJ made to obtain those records; (c) describe any further action to be taken by the AOJ with respect to the claim; and (d) inform the Veteran that he is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond. 3.Then, schedule the Veteran for a VA psychiatric examination in order to determine the current severity of his service-connected PTSD. The examiner should also indicate the functional impairment that results from the Veteran’s service-connected PTSD in terms of occupational functioning and daily activities. Thereafter, readjudicate the issue on appeal as noted above. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period to respond. Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Baskerville 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.