Citation Nr: 21064716 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 16-48 224 DATE: October 21, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for lumbar spine degenerative disc disease is remanded. Entitlement to a total rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had active service from January 1968 to August 1969 and had subsequent periods of active duty for training (ACDUTRA), to include service in Vietnam. He was awarded the Combat Infantryman Badge, among other decorations. In June 2019 the Veteran testified at a videoconference hearing before the undersigned. A copy of the transcript is of record. In December 2019 the Board implicitly reopened and denied the issue of entitlement to service for PTSD. The Board also denied the issue of service connection for lumbar spine degenerative disc disease and remanded the claim of entitlement to TDIU. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in January 2021 granting a Joint Motion for Remand (JMR) dated in January 2021 filed by the Veteran's representative and the VA Office of the General Counsel. The Veteran's attorney has filed repetitive motions requesting extensions to submit further evidence and argument. Since the January 2021 JMR, the Board in July 2021 granted the motion of extension regarding the claims of entitlement to service connected for PTSD and lumbar degenerative disc disease and denied such motion for an additional extension in September 2021. In May 2021 the Board granted the attorney's motion of extension regarding the TDIU claim. On October 5, 2021 the Veteran's attorney again requested a 90 day extension regarding the claim of entitlement to TDIU. At this juncture, as the issue of entitlement to TDIU is being remanded herein along with the issues of service connection for PTSD and lumbar spine degenerative disc disease, the matter of a motion of extension is moot. Issues 1-3 Entitlement to service connection for PTSD and lumbar degenerative disc disease; and entitlement to TDIU. In the January 2021 JMR, the parties agreed that a remand is warranted for the Board to obtain a new VA PTSD examination because the October 2013 VA PTSD examination that the Board relied on was based on the DSM-IV criteria instead of the DSM-5 criteria. They noted that the claim was pending after August 4, 2014 and thus a new VA PTSD examination based on the DSM-5 criteria was warranted. The parties also questioned the adequacy of the October 2013 VA back examination because the examiner's opinion that service treatment records were silent for a low back condition is factually inconsistent as the August 1969 report of medical history upon separation from service shows that the Veteran checked the box indicating both "yes" and "no" as to having back trouble of any kind. Thus, a new VA examination is warranted to determine the nature and etiology of the Veteran's low back disability. As for the issue of entitlement to TDIU, it is intertwined with the issues of service connection for PTSD and lumbar degenerative disc disease being remanded herein. See Harris v. Derwinski, 1 Vet. App. 180 (1991). 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. Schedule the Veteran for a VA psychiatric examination. The claims file, along with a copy of this remand, must be made available to the examiner for review of the case. All examination findings, along with the complete rationale for all opinions expressed, should be set forth in the examination report. All tests and studies deemed necessary should be conducted. After reviewing the claims folder and examining the Veteran the examiner must do the following: a.) Determine whether the Veteran has any psychiatric diagnoses per the DSM-5 criteria, to include PTSD. The examiner is hereby advised that the case was pending before the Agency of Original Jurisdiction after August 4, 2014. b.) For any other psychiatric disorder diagnosed per the DSM-5 criteria other than PTSD, the examiner must determine whether it is at least as likely as not (50 percent probability or more) that it was incurred during service. The examiner is hereby advised that the Veteran was awarded the Combat Infantryman Badge. 2. Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of his low back disability. After reviewing the claims file, to include a copy of this remand, and examining the Veteran the examiner is asked to render the opinion requested below. For all opinions rendered, the examiner must explain the rationale. If the examiner is unable to provide an opinion, he or she should explain why. The examiner is asked to do the following: Opine whether it is at least as likely as not (50 percent or greater) that the Veteran has a low back disability, to include lumbar spine degenerative disc disease, related to service. In rendering the opinion the examiner is asked to address the October 2013 VA spine examination whereby the Veteran reported that during service in approximately 1968 he developed a gradual onset of lower back pain, made worse by multiple parachute landings. The examiner is hereby advised that the Veteran's military occupational specialty was light weapons infantryman and he is in receipt of the Combat Infantryman Badge, Vietnam Parachutist Badge, and Parachutist Badge. 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.