Citation Nr: 21063569 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 15-20 660 DATE: October 14, 2021 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to March 10, 2014 is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1955 to January 1959. The matters come to the Board of Veterans Appeals (Board) on appeal from February 2012 and September 2014 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). This appeal was before the Board in December 2018, at which time the Board denied the Veteran entitlement to an increased rating for PTSD and entitlement to a TDIU. The Veteran appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). In July 2019, the Court issued an Order vacating the December 2018 Board decision and remanding the matters for readjudication consistent with instructions outlined in a Joint Motion for Remand (JMR) by the parties. The matters were last remanded by the Board in November 2019 to obtain VA treatment records dated from September 2014 to April 2015 as well as those beginning on October 2016. These requested VA treatment records have been associated with the record. In a July 2021 rating decision, the agency of original jurisdiction (AOJ) awarded entitlement to a TDIU, effective March 10, 2014. This was not a full grant of benefits and the issue of entitlement to a TDIU for the appeal period prior to March 10, 2014 remains on appeal. REASONS FOR REMAND 1. Entitlement to a rating in excess of 50 percent for PTSD is remanded. Following the Board's November 2019 remand, the AOJ scheduled the Veteran for a VA examination; however, the Veteran contacted the AOJ to schedule the VA examination closer to his home. In December 2020, the Veteran contacted the AOJ and stated that he was unable to attend VA examinations that were scheduled as he was coughing and was fearful of having COVID-19. In January 2021, the Veteran contacted the AOJ and stated that due to his age and health, he had difficulty traveling the distance necessary for the examinations, and if possible, to have the examinations scheduled in the same city as where he lives. In July 2021, the AOJ cancelled the VA examination for PTSD, but did not specify the reason for the cancellation and issued a supplemental statement of the claim (SSOC) denying an increased rating for PTSD. Claims file shows that earlier in the month, the Veteran was at risk for suicide. Therefore, the Board finds that a remand is warranted to provide the Veteran with a new PTSD VA examination, preferably either in a location or service provider physically close to the Veteran or in another accommodative format such as telehealth interview. 2. Entitlement to a TDIU prior to March 10, 2014 is remanded. As a decision on the remanded issue of entitlement to an increased rating for PTSD could significantly impact a decision on the issue of entitlement to a TDIU prior to March 10, 2014, they are inextricably intertwined. A remand of the claim for a TDIU is therefore also required. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in their possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Following the receipt of outstanding records, the claims file, including a copy of this remand, should be sent to an appropriate examiner. Ensure that the Veteran is scheduled for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD to include the level of social and occupational impairment. The examiner must review pertinent documents in the Veteran's electronic claims file in conjunction with the examination. All indicated studies should be conducted, and all findings reported in detail. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.J. Kim, 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.