Citation Nr: 21061914
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-18 636
DATE: October 5, 2021

REMANDED

Prior to January 4, 2017, entitlement to a disability rating higher than 30 percent for posttraumatic stress disorder (PTSD) with alcohol dependence is remanded.

Prior to January 4, 2017, entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 2008 to December 2012.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Seattle, Washington.

In January 2019, the Board remanded this matter for additional development, to include obtaining a retrospective medical opinion.

1. , Entitlement to a disability rating higher than 30 percent for PTSD with alcohol dependence, prior to January 4, 2017, is remanded.

Although the RO has previously obtained Social Security Administration (SSA) records on the Veteran, since the December 2018 SSA denial of disability the Veteran has indicated in his recent private medical records from Moses Lake Community Health Center that he is continuing to appeal his SSA claim.  As such, there may be outstanding SSA records that must be obtained.

Additionally, an addendum to the September 2020 retrospective VA medical opinion is necessary as it did not consider all the pertinent evidence of record, to include the October 2015 SSA psychiatric evaluation by Dr. G.D.S. or the November 2015 SSA evaluation by T.C., Ph.D.

2. Entitlement to a TDIU, prior to January 4, 2017, is remanded.

Finally, because a decision on the PTSD issue  could significantly impact a decision on the TDIU on appeal, the issues are inextricably intertwined.  A remand is required.

The matters are REMANDED for the following actions:

1.  Obtain any unassociated the Veteran's federal records from SSA.  Document all requests for information as well as all responses in the claims file.

2.  After clarification regarding SSA records is obtained, the RO should forward the claims file and a copy of this remand to an appropriate VA examiner to obtain a retroactive VA opinion for the time period from December 28, 2012, to January 4, 2017, to determine the severity of the Veteran's PTSD with alcohol dependence at that time.  The examiner should consider the Veteran's social and occupational impairment during this time period.

A complete review of the claims file should be performed, to include consideration of evidence noted in prior evaluations and SSA evidence noted in the above Remand.  A clear rationale must be provided for all opinions expressed.  The examiner must consider the lay statements of record.  If the examiner is unable to provide an opinion without resorting to mere speculation, the examiner must state this and provide any information needed to make an opinion, if possible.

3. If upon completion of the above requested development the issues remain denied, the appeal should be returned to the Board after compliance with appellate procedures.

 

 

E.I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.