Citation Nr: 21003709 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 17-23 138 DATE: January 22, 2021 REMANDED Entitlement to a disability rating in excess of 10 percent for posttraumatic stress disorder (PTSD) prior to October 19, 2018, and in excess of 70 percent thereafter is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1969 to February 1971. This matter comes 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 Detroit, Michigan. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a November 2020 virtual Board hearing. A transcript of that hearing has been associated with the claims file. 1. Entitlement to a disability rating in excess of 10 percent for PTSD prior to October 19, 2018, and in excess of 70 percent thereafter is remanded. The Veteran was afforded VA examinations in March 2016 at which a diagnosis of PTSD was rendered, and depression was noted as the Veteran’s only symptom. The Board notes that VA treatment records surrounding this examination noted the Veteran had also been diagnosed with depression and had numerous psychological symptoms. The Veteran was again afforded a VA examination in November 2018, at which a diagnosis of PTSD was rendered. The Board notes that a September 9, 2018 VA treatment record notes the Veteran had been diagnosed with depression and had been seeing a private therapist. When VA undertakes to provide a Veteran with an examination, that examination must be adequate for VA purposes. Barr v. Nicholson, 21 Vet. App. 303 (2007). Based on the above, it is apparent that the VA examiners did not thoroughly review the Veteran’s treatment records as no mention is made of his depression and whether it is related to his PTSD. As such, the Board finds these examinations are not adequate for rating purposes. Furthermore, the Board notes that the record shows that no effort has been made to obtain the Veteran’s private treatment records. Based on the above, the Board remands this matter for a new VA examination and to obtain private psychological treatment records. 2. Entitlement to a TDIU is remanded. Finally, the Board notes that the Veteran’s representative asserted the Veteran’s PTSD renders him unemployable at the November 2020 Board hearing. When evidence of unemployability is submitted during the course of an appeal from an assigned disability rating, a claim for entitlement to a TDIU will be considered to have been raised by the record as "part and parcel" of the underlying claim. Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). Further, because a decision on the above-remanded issue could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined, and a remand is required. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for all private psychological treatment providers. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 2. Provide the Veteran and his representative with the required information under VA's duty to notify and assist of how to substantiate a claim for entitlement to a TDIU. Additionally, provide the Veteran with VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) and request that he supply the requisite information. After such actions, conduct any further development of the Veteran's TDIU claim deemed necessary. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected PTSD alone. 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU. If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brian P. Keeley 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.