Citation Nr: 21064067 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 18-00 387A DATE: October 19, 2021 REMANDED Entitlement to a disability evaluation in excess of 30 percent for service-connected unspecified depressive disorder is remanded. Entitlement to a total disability evaluation based on individual unemployability (TDIU) as due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1972 to November 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his spouse testified before the undersigned Veterans Law Judge (VLJ) via a virtual hearing in July 2021; a transcript is of record. 1. Unspecified Depressive Disorder Here, the Board notes that the Veteran was examined only once regarding the severity of his unspecified depressive disorder in May 2017, approximately four years ago. Since that time, the Veteran has continued to seek psychiatric treatment for his symptoms. Furthermore, he asserted during the July 2021 hearing that his symptoms have worsened. See July 2021 Hearing Transcript. Additionally, his spouse indicated that the Veteran's continued symptomatology has strained his interpersonal and familial relationships. See id. Therefore, because the Veteran's most recent examination was four years ago, and he asserts that his symptoms have worsened since that time, the Board requests a contemporaneous examination to determine the severity of his service-connected unspecified depressive disorder. Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994). The Veteran also noted during the July 2021 hearing that all of his psychiatric treatment was performed at VA. Therefore, prior to the above-mentioned contemporaneous examination, the Board requests that the Veteran's updated VA medical records related to his unspecified depressive disorder be obtained and associated with the claims file. 2. TDIU The Veteran, through his representative, asserted during the July 2021 hearing that his service-connected unspecified depressive disorder caused a "lack of being able to work." See July 2021 Hearing Transcript. Additionally, during the Veteran's previous examination and in his medical records, the Veteran stated that he left one of his previous employment positions due to a disagreement with his manager and "racial reasons." See May 2017 VA C&P Examination; May 2011 VA Social Work Note. Thus, the Board finds that the issue of entitlement to a TDIU due to the Veteran's service-connected disabilities, especially his unspecified depressive disorder, is reasonably raised by the record. See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009); see also 38 C.F.R. §§ 3.340, 4.16. The issue of TDIU is part and parcel of the increased rating claim and thus is before the Board via the appeal of that issue and the two issues are inextricably intertwined. Rice, 22 Vet. App. at 453; Harris v. Derwinski, 1 Vet. App. 180 (1991). Although raised by the evidence, the claim for a TDIU has not been addressed by the Agency of Original Jurisdiction (AOJ). Hence, the Board finds that additional development is necessary before this claim can be adjudicated. The matters are REMANDED for the following action: 1. The RO should obtain the Veteran's updated VA medical records related to his service-connected unspecified depressive disorder. 2. Then, schedule the Veteran for an appropriate examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) to determine the nature and severity of the Veteran's service-connected unspecified depressive disorder throughout the period on appeal. In conjunction with the examination, the claims folder must be made available to the examiner for review and this review should be noted. All necessary diagnostic testing and evaluation should be performed, and all findings set forth in detail. If possible, the appropriate Disability Benefits Questionnaire(s) (DBQ(s)) should be completed. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's unspecified depressive disorder under the rating criteria. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected unspecified depressive disorder alone. The examiner is also asked to comment on and describe the functional impairment caused solely by the Veteran's service-connected unspecified depressive disorder as it pertains to his ability to function in an occupational environment. The opinion need not state whether the Veteran's unspecified depressive disorder prevents him from obtaining or maintaining substantially gainful employment. Rather, the examiner should discuss how and to what extent the Veteran's service-connected unspecified depressive disorder affects his ability to perform occupational tasks. The examiner should, for instance, describe the limitations and restrictions imposed by his service-connected unspecified depressive disorder with respect to factors such as his ability to maintain energy and focus for up to eight hours per day, his ability to interact with co-workers, supervisors, and clients, and in terms of whether such disability might require absences and/or breaks from work. 3. The RO should send the Veteran a formal application for TDIU (VA Form 21-8940) and request him to complete and return the form. 4. When the completed VA Form 21-8940 has been submitted by the Veteran, or after a reasonable time has been provided for him to complete and return the form, and after conducting any additional development that may be warranted as determined by the AOJ, adjudicate the issue of entitlement to a TDIU. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Hoffman 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.