Citation Nr: 21064463 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 20-08 430A DATE: October 20, 2021 REMANDED Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. 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 in the United States Army from January 1999 to December 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision issued by the Agency of Original Jurisdiction (AOJ) which continued the 50 percent evaluation for PTSD. In February 2021, the Veteran testified at a Virtual Hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is associated with the record. 1. Entitlement to an initial rating in excess of 50 percent for PTSD. At his February 2021 hearing, the Veteran presented testimony of worsening symptoms of PTSD since his last VA examination in January 2020. Specifically, the Veteran reported that "two additional new things that have happened" since his filing where he got divorced and attempted suicide last year. See Hearing Transcript at 6. After his hearing, the Veteran submitted another lay statement in September 2021 requesting priority processing of his appeal based on financial hardship. The Veteran stated that things have "continued to worsen" where he has "not been able to work for 6 years", was evicted from his residence, and has now moved from Hawaii to the country of Peru. See Statement received September 2021. The Veteran again reported that his "mental health has seriously deteriorated since 2018" and that in October 2020 he tried to commit suicide which resulted in being hospitalized for a week. Id. Given the Veteran's lay statements of his worsening symptoms, the Board observes that the last VA examination of January 2020 does not accurately reflect the current severity and manifestations of his PTSD. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) (holding that a veteran was entitled to a new examination after a two year period between the last VA examination and the veteran's contention that his disability had increased in severity). Thus, reexamination is necessary. 2. Entitlement to a TDIU. At his hearing, the Veteran also raised the issue of employability being affected by service-connected disabilities. See Hearing Transcript at 6. The record shows that he last worked in 2015 as a paralegal. See VA examination dated January 2020. In Rice v. Shinseki, the Court held that a claim for a total disability rating based on individual unemployability due to service-connected disabilities is part of an increased rating claim when such is raised by the record. 22 Vet. App. 447 (2009). Here, the Veteran has not been provided adequate notice of the requirements to substantiate a TDIU, therefore, the issue is remanded for further development. Furthermore, the development ordered above for the Veteran's increased rating claim could result in information relevant to the issue of entitlement to a TDIU, as such the Board finds the issues are inextricably intertwined and therefore the issue of entitlement to TDIU must be remanded as well. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Obtain any outstanding pertinent VA and non-VA treatment records treatment records not evidenced by the current record and associate with the claims file. 2. Schedule the Veteran for a VA examination to determine the current severity of his service-connected PTSD. The electronic claims file should be accessible to the examiner in connection with the examination. Any indicated tests and studies must be accomplished. The examiner must consider all signs and symptoms necessary for evaluating the disability under the rating criteria as indicated by the relevant Disability Benefits Questionnaire (DBQ). An explanation for all opinions expressed must be provided. 3. Issue a notice letter to the Veteran concerning the claim for a TDIU. Ask him to complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. Upon receipt of the form, complete any additional development necessary. Then adjudicate the claims. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. A., 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.