Citation Nr: 21062549 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 18-19 395 DATE: October 7, 2021 REMANDED Entitlement to an increased evaluation in excess of 50 percent from January 17, 2018 to May 28, 2021 for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a left knee disorder is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from August 1981 to September 1982. The Veteran submitted a January 2021 request to withdraw her hearing before the Board. In a decision in March 2021 the Board denied the Veteran's claim for an increased evaluation in excess of 50 percent prior to January 17, 2018 for PTSD and remanded the Veteran's claim of entitlement to an increased evaluation in excess of 50 percent on/after January 17, 2018 for PTSD for further development. Subsequently, in a rating decision in July 2021 the Agency of Original Jurisdiction (AOJ) granted a 100 percent rating for PTSD effective May 28, 2021. Thus, the issue is characterized as reflected herein. Issues 1-4: Entitlement to an increased evaluation in excess of 50 percent from January 17, 2018 to May 28, 2021 for PTSD; entitlement to service connection for a right knee disorder and left knee disorder; and entitlement to TDIU. VA treatment records including in June 2021 show that the Veteran was receiving disability benefits from the Social Security Administration (SSA). In June 2015 the Veteran stated that she was unable to work due to PTSD and arthritis. The Veteran has diagnoses of status post right total knee arthroplasty and left knee osteoarthritis. See June 2021 VA knee examination. Thus, there may be pertinent outstanding medical records associated with SSA determinations and an attempt needs to be made to obtain them. Further, on VA knee examination in June 2021, the examiner opined that the Veteran's bilateral knee disability, to include status post right total knee arthroplasty and left knee osteoarthritis, was less likely than not incurred in or caused by service to include a right knee disorder during service. The examiner explained that the Veteran's service treatment records did not reveal knee problems during service and noted that the Veteran reported that her bilateral knee pain started in 2014, which was long after service. However, the examiner's opinion appears to be inconsistent with the other evidence of record as the Veteran through her representative in an August 2021 brief confirmed that symptoms pertaining to her bilateral knee disability have been ongoing since service. Notably, VA treatment records in September 2008 show that the Veteran's bilateral knee disability caused physical limitations. Thus, on remand the Veteran should be afforded a new VA examination regarding the nature and etiology of her bilateral knee disability. Lastly, as discussed above, the Veteran in June 2015 indicated that she was unable to work in part due to her service-connected PTSD and treatment records including in June 2021 show that she was receiving disability benefits from SSA. Thus, the issue of entitlement to TDIU has been raised as part of the increased rating claim on appeal and is currently before the Board pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). Further, the issue of entitlement to TDIU is intertwined with the issue of entitlement to a rating higher than 50 percent from January 17, 2018 to May 28, 2021 for PTSD as well as the claims of entitlement to service connection for a right knee disorder and left knee disorder being remanded herein. See Harris v. Derwinski, 1 Vet. App. 180 (1991). On remand the AOJ also should pursue the appropriate development of the Veteran's claim of entitlement to TDIU. By this remand the Board makes no determination, expressed or implied, as to the credibility of any statements on file. The matters are REMANDED for the following action: 1. Obtain all the Veteran's pertinent SSA records to include medical records used in deciding any claim for disability benefits. Document all requests for information as well as all responses in the claims file. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of her right knee disorder and left knee disorder. After reviewing the claims folder, conducting all necessary tests, and examining the Veteran, the examiner is asked to do the following: Provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right knee disorder and left knee disorder had its onset in, or is otherwise related to, active military service. In rendering the opinion the examiner is asked to consider that the Veteran through her representative in an August 2021 brief confirmed that symptoms pertaining to her bilateral knee disability have been ongoing since service. For all opinions rendered, the examiner should explain the rationale. If the examiner is unable to provide an opinion, he or she should explain why. 3. Take all necessary steps to develop the claim of entitlement to TDIU, to include providing the Veteran with a VA Form 21-8940 and determining her employment status. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mac, 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.