Citation Nr: 21067284 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 13-25 520 DATE: November 3, 2021 REMANDED Entitlement to an initial disability rating in excess of 30 percent prior to October 22, 2012, and in excess of 70 percent thereafter, for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to October 22, 2012, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1969 to January 1971. In March 2017, he testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the proceeding is in the record. This matter was previously before the Board in September 2017, at which time the issues were remanded for additional development. For the reasons discussed below, there has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998). In a September 2019 rating decision, service connection was granted for a lumbar spine, left knee and bilateral hip disabilities. As such, these issues have been resolved in full and are no longer before the Board. 1. Entitlement to an initial disability rating in excess of 30 percent prior to October 22, 2012, and in excess of 70 percent thereafter, for PTSD is remanded. In July 2021, the Veteran's representative argued that remand was needed to afford the Veteran a new VA examination to evaluate the current severity of his disability because of worsening symptoms since his last examination in October 2015. In particular, the representative noted that the Veteran has reported experiencing difficulty with maintaining social relationships, isolating and avoiding others, having increased anxiety and sleep disturbances, and having suicidal thoughts. As the Veteran's reported worsening symptoms could potentially entitle him to a higher disability rating, remand is needed to obtain a new VA examination to determine the current severity of his disability. 2. Entitlement to a TDIU for the period prior to October 22, 2012, is remanded. In its September 2017 remand directives, the Board directed the Agency of Original Jurisdiction (AOJ) refer the claim to the Compensation Service Director for extraschedular consideration pursuant to 38 C.F.R. § 4.16 (b) if the schedular criteria for entitlement to TDIU were not met for any portion of the period on appeal under 38 C.F.R. § 4.16 (a). This was never accomplished. The Veteran was subsequently awarded service connection which increased his disability rating to a combined 70 percent effective from March 22, 2010. However between the December 30, 2009, effective date of the award of service connection for PTSD and March 22, 2010, the Veteran's combined disability evaluation was 40 percent. Remand is needed to refer the Veteran's TDIU claim to the Compensation Service Director for extraschedular consideration. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from September 2019 to the present. 2. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. 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 the Veteran's service-connected psychiatric disorder alone. The examiner must complete the corresponding VA disability benefits questionnaire (DBQ), provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. 3. Refer the Veteran's claim for TDIU to VA's Director of Compensation Service for extraschedular consideration. 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. M. E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Komperda, 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.