Citation Nr: 21066153 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 19-18 404 DATE: October 28, 2021 REMANDED Entitlement to a rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army from August 1967 to July 1969. This appeal comes before the Board of Veterans Appeals (Board) from a December 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran was afforded a video hearing before the undersigned Veterans Law Judge (VLJ) in October 2021. 1. Entitlement to a rating in excess of 50 percent for PTSD is remanded. The Board finds that a new examination is warranted to assess the current nature and severity of the Veteran's service-connected PTSD. See 38 C.F.R. § 3.327(a) (providing that reexaminations will be requested whenever VA needs to determine the current severity of a disability). Specifically, the Veteran last underwent a VA examination in December 2018. At the October 2021 Board hearing, the Veteran testified that he thought his symptoms were "much worse" than they were at the time of the 2018 examination. It is also noted that during the December 2018 VA examination, the Veteran reported having incidences while driving where he felt like someone in the other car was going to shoot him, which he described as "hallucinations." However, the examiner stated that a review of the Veteran's treatment records did not evidence any prior report of hallucinations or psychosis, and following a mental status evaluation, the examiner indicated the Veteran's content of thoughts did not contain any hallucinations or delusions. At the October 2021 Board hearing, the Veteran testified that he had hallucinations every day and indicated he had discussed these hallucinations with his treatment providers. Accordingly, updated VA treatment records should also be associated with the claims file. 2. Entitlement to a TDIU At the October 2021 hearing, it was argued that consideration should be given to whether a TDIU should be awarded based upon the Veteran's service-connected PTSD. See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009). The Veteran has not been provided with the notice requirement for a TDIU claim. Therefore, on remand, the agency of original jurisdiction (AOJ) should send the Veteran proper notice; afford him the opportunity to complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability; and then adjudicate this matter in the first instance to avoid any prejudice to him. The matters are REMANDED for the following actions: 1. Send the Veteran the proper notice that advises him about what is needed to substantiate a claim for a TDIU. In addition, ask the Veteran to complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. 2. Obtain the Veteran's VA treatment records for the period from April 2021 to the Present. 3. After any and all available records are associated with the claims file, schedule the Veteran for an appropriate VA examination to determine the current severity of his PTSD. The claims folder must be provided to the examiner to review. The examiner should identify all current manifestations of the Veteran's PTSD and describe the nature and severity of all symptoms of PTSD, including the current degree of occupational and social functioning associated with this disorder. Rationale for any opinions offered must be provided. 4. Adjudicate the TDIU claim on appeal. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Stuedemann, Angela L. 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.