Citation Nr: 21000412
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-62 982
DATE: January 5, 2021

REMANDED

Entitlement to a rating in excess of 50 percent for other specified trauma and stressor related disorder (claimed as posttraumatic stress disorder) is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from September 1974 through January 1977.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In January 2020, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  

These matters were previously remanded in January 2020.  

The record reflects that the Veteran was noted to have failed to RSVP for a VA examination.  See Exam Details Log Sheet indicating the Veteran did not RSVP for the examination by March 2020.  A supplemental statement of the case (SSOC) was issued in June 2020, and the case was returned to the Board.  However, the Board notes that the record reflects that the RO and VAMC have had a difficult time contacting the Veteran due to his voice mail box being full or not receiving messages.  However, in April 2020, it appears that the VAMC was able to establish contact with the Veteran and he was seen for a mental health appointment in April 2020.  At that time, the Veteran provided a new phone number.  As it is unclear whether the RO attempted to reschedule the Veteran for a VA examination using this most recent phone number, a remand is necessary.  

Additionally, VA treatment records reflect that the Veteran was hospitalized at Lakes Region General Hospital in November 2019 in connection with his psychiatric disability.  These records should be obtained on remand.

As the psychiatric claim is being remanded, the outcome of which could affect whether the Veteran meets the criteria for TDIU benefits, the Board finds that the claim for TDIU is inextricably intertwined and must be remanded as well.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

1.  Obtain any outstanding VA treatment records.

2.  After securing any necessary release, obtain any identified private treatment records, to include those at Lakes Region General Hospital in November 2019.

3.  Develop the claim for TDIU, to include asking the Veteran to provide his employment history.

4.  Thereafter, schedule the Veteran for a VA examination to evaluate the current severity of his psychiatric disability, to include any functional impact on his ability to maintain employment.

5.  All attempts to obtain the requested information from the Veteran should be documented in the claims file.  All attempts to schedule the Veteran for a VA examination should be documented in the claims file.  An April 22, 2020 VA treatment entry with heading “suicide prevention telephone contact,” contains the Veteran’s most recent phone number.  If the RO is unable to obtain the requested records, or schedule the Veteran for an examination, all efforts must be documented in the claims file to ensure compliance with the remand directives. 

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Nadia Kamal, 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.