Citation Nr: 21002077 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 20-00 336 DATE: January 12, 2021 REMANDED Entitlement to an initial evaluation in excess of 30 percent for unspecified depressive disorder is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1974 to July 1975. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision from a Regional Office (RO) for the Department of Veterans Affairs (VA). The Veteran initially filed a claim for an earlier effective date for the grant of service connection for unspecified depressive disorder. During the pendency of the Veteran's claim for EED for the grant of service connection for unspecified depressive disorder, the claim was granted by a November 2019 rating decision, effective July 26, 2012, date of claim. The AOJ considered this a full grant of the benefit sought. Subsequently, in November 2020, the Veteran filed a Form 20-0996 request for a Higher Level Review of that rating decision. As such, to the extent to which the Veteran continues to seek an EED, his claim is still pending before the AOJ. Entitlement to an evaluation in excess of 30 percent for unspecified depressive disorder is remanded. Unfortunately, the Veteran's increased rating claim must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. The Veteran most recent psychological report on record is from May 2017. He alleges that the symptoms of his psychiatric disability have increased, and that they impact his ability to maintain gainful employment. As there is an indication that the disability on appeal may have increased in severity, the Board finds it necessary to remand the claim for a contemporaneous examination to ensure that VA meets its duty to assist. 38 C.F.R. § 3.159 (c)(4)(i) (2017); see Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) (indicating that a Veteran is entitled to a new examination after a two-year period between the last VA examination and the veteran's contention that the pertinent disability had increased in severity). 1. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. The Veteran has raised the issue of unemployability due to his service-connected disabilities in a December 2018 letter. The Veteran stated that he is unable to maintain gainful employment as he has been terminated from his last five jobs due to anger. The Court held in Rice v. Shinseki, 22 Vet. App. 447 (2009), that a claim of entitlement to a TDIU is part of an increased rating claim when such claim is raised by the record. Pursuant to Rice, the issue of entitlement to a TDIU is currently before the Board since the issue of unemployability is raised by the record. The severity of the Veteran's service-connected disabilities, his employment history, his education and training, and all other factors having a bearing on the matter must be developed and considered. Moreover, because a decision on the claim being remanded herein may affect the claim for entitlement to a TDIU, consideration of a TDIU must therefore be deferred until the intertwined issues are resolved or prepared for appellate consideration. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Obtain the Veteran’s outstanding treatment records and associate them with his file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected psychiatric disability, to include undiagnosed depressive disorder. The claims files must be made available to and reviewed by the examiner. The examination report should include a discussion of the Veteran's psychiatric history and his reported symptoms. The examination report should report the severity of the Veteran's acquired psychiatric disorder in terms conforming to the applicable rating criteria. The examiner should provide an opinion concerning the impact of the Veteran's service-connected psychiatric disability on his ability to obtain and maintain gainful employment. (Continued on the next page)   The examiner should provide the rationale for all opinions expressed. 3. Send the Veteran a VCAA notice for a TDIU and any related development (such as a VA Form 21-8940). H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Romero-Sanchez, 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.