Citation Nr: 21065267 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-64 931 DATE: October 25, 2021 REMANDED Propriety of the reduction of the rating for service-connected Bipolar II Disorder, from 70 percent disabling to 30 percent disabling effective November 1, 2016, and entitlement to an increased rating for such is remanded. Propriety of the termination of the award of a total disability rating due to individual unemployability (TDIU) due to service-connected disabilities effective November 1, 2016, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1977 to August 1986. In November 2020, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Although the Board regrets the delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that she is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Propriety of the reduction of the rating for service-connected Bipolar II Disorder, from 70 percent disabling to 30 percent disabling effective November 1, 2016, and entitlement to an increased rating for such is remanded. The Veteran contends that the decision to reduce her rating for her service-connected Bipolar II Disorder was improper. Specifically, the Veteran alleges that the examination upon which the reduction was based was not completed in good faith and that it is not an accurate depiction of the state of her disability. The Board notes that the Veteran reported at all of her examinations as well as during her November 2020 hearing that she had been receiving mental health treatment over the years. However, it is unclear if that treatment was through private doctors or VA facilities. Regardless, the Board notes that such records are not associated with her file, but that they could be crucial to the Veteran's claim as they could provide a more accurate depiction of the state of her disability. Therefore, on remand, all relevant treatment records should be obtained and associated with the file. Propriety of the termination of the award of a TDIU due to service-connected disabilities effective November 1, 2016, is remanded. The Board finds that any decision with respect to the propriety of the rating reduction for the Veteran's service-connected Bipolar II Disorder being remanded above will affect the propriety of the termination of the Veteran's TDIU. The Board finds that the issue of the propriety of the termination of the Veteran's TDIU is inextricably intertwined with the propriety of the rating reduction for the Veteran's service-connected Bipolar II Disorder. The RO specifically stated that the basis for the termination of the Veteran's TDIU was that as a result of her rating reduction she no longer met the schedular criteria for a TDIU. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when a decision on one issue would have a "significant impact" on a Veteran's claim for the second issue). Consideration of the propriety of the termination of the Veteran's TDIU must therefore be deferred until the intertwined issue is resolved. See Harris, 1 Vet. App. at 183 (where a claim is inextricably intertwined with another claim, the claims must be adjudicated together). Due to the amount of time which will pass on remand, updated treatment records should be obtained and associated with the record. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records, particularly any records of mental health treatment and counseling. 2. The AOJ should contact the Veteran and request that she provide a completed release form (VA Form 21-4142) authorizing VA to request copies of any treatment records from any private psychiatrist or therapist and/or any previously unidentified private medical providers who have provided treatment for her mental health disability. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Unger, 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.