Citation Nr: 21064962 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 19-38 987 DATE: October 22, 2021 REMANDED Entitlement to a disability rating in excess of 30 percent for bronchial asthma is remanded. Entitlement to a disability rating in excess of 50 percent for chronic adjustment disorder with depressed mood and alcohol disorder 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 from April 1985 to December 1985 and January 1991 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In a February 2021 statement, the Veteran, through counsel, withdrew his request for a Board hearing and requested Board consideration of his claims based on the evidence of record. Therefore, his request for a Board hearing is considered withdrawn and the Board may proceed with adjudication of the claims. 38 C.F.R. §§ 20.702(e), 20.704(e). The Veteran's August 2021 Motion to Advance on the Docket (AOD) was granted in September 2021. 1. Entitlement to a disability rating in excess of 30 percent for bronchial asthma is remanded. 2. Entitlement to a disability rating in excess of 50 percent for chronic adjustment disorder with depressed mood and alcohol disorder is remanded. 3. Entitlement to TDIU is remanded. The Veteran is seeking higher disability ratings for his service-connected bronchial asthma and chronic adjustment disorder with depressed mood and alcohol use disorder, as well as entitlement to TDIU. Specifically, the Veteran contends his service-connected disabilities are more severe than reflected by his assigned disability ratings and prevent his ability to obtain and maintain substantially gainful employment. The Board finds that the VA examinations of record are not adequate and additional development is necessary before a decision may be rendered regarding the issues on appeal. The Veteran was afforded a VA examination in April 2018 to evaluate his service-connected psychiatric disorder. The VA examiner documented symptoms of depressed mood, anxiety, chronic sleep impairment, flattened affect, disturbances in mood and motivation, and difficulty in establishing and maintaining effective work and social relationships that were associated with his psychiatric diagnoses. However, treatment records also reflect possible impaired impulse control and suicidal ideation. As such, there is an indication that the VA examination may not accurately reflect the actual severity of the Veteran's chronic adjustment disorder with depressed mood and alcohol use disorder and remand for a new VA examination is warranted. Next, regarding the Veteran's bronchial asthma, the Veteran was afforded a VA examination in connection with his claim in April 2018. The Veteran contends the examination was inadequate, as he was not afforded a pulmonary function test (PFT) to determine his lung capacity. Further, the Veteran asserts his bronchial asthma has increased in severity since the examination in 2018. As such, the Board finds that remand for a new VA examination is warranted. See Snuffer v. Gober, 10 Vet. App. 400, 408 (1997) (requiring a new examination where the claimant asserts that a disability has increased in severity since the time of the last VA examination). Finally, the Veteran's claims for increased ratings herein remanded may impact his evaluation for purposes of TDIU. As TDIU is dependent upon the degree of impairment from service-connected disabilities, it is inextricably intertwined with the increased rating claims being remanded. Remand of the inextricably intertwined TDIU claim is therefore required as well. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bronchial asthma. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner should identify all limitations or functional impairment caused solely by the Veteran's bronchial asthma. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected chronic adjustment disorder with depressed mood and alcohol use disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected psychiatric disorder alone. 3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the Veteran and his representative a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Silverblatt, 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.