Citation Nr: 21001079 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 19-21 912 DATE: January 7, 2021 REMANDED 1. Entitlement to an increased rating in excess of 70 percent for post-traumatic stress disorder (PTSD) with alcohol and cannabis use disorders is remanded. 2. Entitlement to a total disability evaluation for compensation based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served in the United States Army from June 1972 to May 1973. In September 2019, the Veteran provided testimony at a video conference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is associated with the claims file. The Veteran underwent a VA examination for assessment of the Veteran’s PTSD in May 2019. The VA Regional Office (RO) granted a temporary total rating for PTSD from August 14, 2019 to November 1, 2019 based on a period of inpatient PTSD treatment. The Board of Veterans’ Appeals (Board) denied the Veteran’s claims in a December 2019 decision. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). The parties entered a Joint Motion for Partial Remand (Joint Motion), which was granted by the Court in August 2020. The Joint Motion stated, in part, that remand of the December 2019 Board decision was necessary because the Board failed to obtain an addendum to the May 2019 VA examination opinion that considered the Appellant’s 2019 hospitalization records. The parties agreed that such records are evidence that may indicate a material change in the Veteran’s disability from the time of his May 2019 examination. Accordingly, the issue of entitlement to an increased rating for PTSD must be remanded for further development. As entitlement to TDIU is inextricably intertwined with the Veteran’s claim of entitlement to an increased rating for PTSD, this issue must also be remanded for the necessary additional development as detailed by the Joint Motion. See Rice v. Shinseki, 22 Vet. App. 447, 454 (2009). The matters are REMANDED for the following action: Return the claims file to the VA psychologist who conducted the May 2019 VA examination and provided medical opinions in relation to the Veteran’s PTSD claim, and request that she re-review the claims file and all new evidence received since the time of the May 2019 evaluation, and respond to the below inquiry regarding the Veteran's disability picture. If the May 2019 VA psychologist deems that an in-person examination is necessary, schedule the Veteran for a new VA examination to assist in determining the current nature of the Veteran’s PTSD with alcohol and cannabis use disorders. If the psychologist who provided the May 2019 VA examination is not available, a new examination should be provided. All appropriate tests, studies, and consultations should be accomplished, and all clinical findings should be reported in detail. Specifically, the psychologist is asked to assess whether there has a been a material change in the Veteran’s PTSD symptoms since the time of the May 2019 examination, to include consideration of the Veteran’s August 2019 admission to an in-patient PTSD program, where he was admitted from August 14, 2019 and discharged on October 9, 2019. The inpatient treatment records can be found in VBMS entry with document type, “CAPRI,” receipt date 09/17/2019. Upon what facts and medical principles do you base the opinion? A rationale is required relating to this opinion. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Wonderling, 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.