Citation Nr: 21061645
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-22 243
DATE: October 4, 2021

REMANDED

Entitlement to a disability rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating due to individual unemployability (TDIU) based upon service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran had active duty service from September 1970 to January 1972 and in May 1992, with additional service in the National Guard.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in September 2021.   

The Board notes that the Veteran did not specifically appeal the denial of entitlement to a TDIU.  He has, however, presented testimony regarding his inability to work due to his service-connected PTSD.  As such, the Veteran has raised the issue of entitlement to a TDIU due to his service-connected disabilities.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  

1. Entitlement to a disability rating in excess of 70 percent for PTSD is remanded.

The Veteran was afforded a VA examination in March 2018.  The Veteran reported in multiple statements and during the September 2021 hearing that his disability had worsened.  The Board finds that in light of the Veteran's testimony a new examination should be provided to ensure that the Veteran's level of disability is accurately depicted.  

2. Entitlement to a TDIU based upon service-connected disabilities is remanded.

Because a decision on the remanded issue of entitlement to a disability rating in excess of 70 percent for PTSD could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined.  A remand of the claims for entitlement to a TDIU is required.

The matters are REMANDED for the following action:

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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 PTSD alone.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Patricia Veresink, 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.