Citation Nr: 21064982
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 17-04 773
DATE: October 22, 2021

REMANDED

Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1980 to May 2006, to include service in Southwest Asia. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2021, the Veteran testified before the undersigned.  

1. Entitlement to an initial rating in excess of 50 percent for PTSD is remanded.

The Veteran asserts that his PTSD warrants an initial rating in excess of 50 percent and that his PTSD has worsened since his initial and singular VA examination in June 2015.  See December 2015 Notice of Disagreement (NOD), January 2017 Statement of Accredited Representative (noting "my condition has worsened").

Indeed, the Board notes that the Veteran was submitted for domiciliary care for his PTSD from March 2016 to May 2016.  See March through May 2016 VA treatment records.  As such, an updated VA examination is needed, as the June 2015 VA examination is not reflective of the Veteran's current level or nature of his disability. See Palczewski v. Nicholson, 21 Vet. App. 174, 182-83 (2007); Snuffer v. Gober, 10 Vet. App. 400. 

Additionally, the Veteran reports there are Social Security Administration (SSA) records and private treatment records that are relevant to his claim.  Thus, on remand, complete VA treatment records, SSA records, and relevant private treatment records should also be obtained.  

2. Entitlement to a total disability based on individual unemployability (TDIU) is remanded.

The issue of entitlement to a TDIU is raised by the record and is part and parcel of the increased rating claims on appeal. See Rice v. Shinseki, 23 Vet. App. 1 (2009). 

The claim for a TDIU is inextricably intertwined with the issue above and must be remanded as well.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a claim is inextricably intertwined with another claim, the claims must be adjudicated together in order to enter a final decision on the matter).

The Veteran also reports that he was unable to complete vocational rehabilitation due to his psychiatric symptoms.  On remand, the Veteran's complete Vocational Rehabilitation and Education records should be obtained. 

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

2. Obtain a complete set of the Veteran's Vocational Rehabilitation and Education records.

3. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

4. Obtain the Veteran's SSA disability records.

5. Then schedule the Veteran for a VA examination to determine the current severity of his PTSD.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Rouse, 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.