Citation Nr: 21067004 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 18-34 830 DATE: November 3, 2021 REMANDED The claim for an increased disability rating in excess of 30 percent prior to May 12, 2020, and in excess of 50 percent thereafter for unspecified trauma and stressor-related disorder is remanded. Entitlement to a total disability rating based on individual unemployability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1969 until his honorable discharge in February 1971. This case comes before the Board of Veterans' Appeals (Board) on appeal from July 2015 rating decision by a Regional Office of the United States Department of Veterans Affairs (VA), which continued a 30 percent disability rating for the Veteran's service-connected unspecified trauma and stressor-related disorder. In a May 2020 rating decision, a VA Regional Office increased the Veteran's disability rating to 50 percent effective May 12, 2020. In July 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. The record was held open for 60 days to permit the Veteran to submit additional evidence, which he did. 1. The claim for an increased disability rating in excess of 30 percent prior to May 12, 2020, and in excess of 50 percent thereafter for unspecified trauma and stressor-related disorder is remanded. During the Veteran's July 2021 Board Hearing, he testified that his symptoms had worsened since his August 2020 VA examination. Following the hearing, he submitted a detailed statement from his caretaker, S.H., who described the symptoms she observed the Veteran exhibit over the past three years, which supports his testimony of a potential worsening of his symptoms. Based on this evidence, the Board finds remand is required to afford the Veteran an updated VA examination. Moody v. Wilkie, 30 Vet. App. 329, 341 (2018) ("Generally speaking, VA must provide a new examination when the veteran claims a disability is worse than when originally rated, and the available evidence is too old to adequately evaluate the current state of the condition."). 2. Entitlement to a total disability rating based on individual unemployability is remanded. A request for total disability evaluation based on individual unemployability (TDIU) is "part and parcel" of a claim for an increased disability rating and is not a separate freestanding claim itself but rather an alternate way to obtain a total disability rating without being rated 100 percent disabled under the Rating Schedule. Rice v. Shinseki, 22 Vet. App. 447, 45355 (2009) (TDIU is implicitly raised whenever a veteran, who presents cogent evidence of unemployability, seeks to obtain a higher disability rating). In this case, the Veteran is seeking an increased disability rating for his service-connected unspecified trauma and stressor-related disorder. During his July 2021 Board hearing, he presented testimony that his symptoms caused him to retire early and that he has been unable to find a stable job since. Therefore, whether the Veteran is entitled to an award of TDIU is properly considered part of his pending claim for an increased rating. See id. at 45455. As the grant or denial of an increased disability for the Veteran's psychiatric disability and the results of a new VA examination may reasonably affect the adjudication of his claim for TDIU, the Board finds these issues to be inextricably intertwined, and entitlement to TDIU must be remanded pending completion of development of the Veteran's claim for an increased disability for his psychiatric disability. Accordingly, the matters are REMANDED for the following actions: 1. Obtain any of the Veteran's outstanding VA medical records and associate them with the claims file. 2. After any additional records are associated with the claims file, obtain a VA examination from an appropriately qualified clinician to assess the severity of the Veteran's unspecified trauma and stressor-related disorder. The entire claims file must be made available to and be reviewed by the examiner, including a copy of this REMAND order. In rending his or her opinion, the examiner should consider and, if deemed relevant, address the following, in addition to any other relevant evidence: (a.) The Veteran's testimony before the Board in July 2021. (b.) The statement from the Veteran's caretaker, S.H., received by VA on July 29, 2021. (c.) The Veteran's statement received by VA on July 29, 2021. 3. Provide the Veteran with a notice regarding what is necessary to substantiate a claim for entitlement to a total disability rating based on individual unemployability (TDIU) and request that he complete and return a formal application for entitlement to TDIU and an authorization to obtain information from his previous employers. If the Veteran returns any form which is incomplete or contains insufficient information, he must be informed of such and be given the opportunity to provide a complete one. The VA Regional Office should take any additional, reasonable, and necessary developmental action. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. F. Sawka, 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.