Citation Nr: 21069200
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 13-14 581
DATE: November 17, 2021

REMANDED

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

Entitlement to an evaluation in excess of 70 percent for depression disorder with anxiety (now claimed to include a dental condition) associated with degenerative joint disease, right-knee, with history of lateral meniscal tear and cyst, post-operative scar, is remanded.

REASONS FOR REMAND

The Veteran had active service from October 2003 to January 2004.

This matter comes before the Board of Veterans' Appeals (Board) on appeal, most recently, from a May 2021 rating decision of a VA Regional Office (RO). The claim for an increased rating for depression has a lengthy procedural history and was most recently remanded by the Board in an April 2021 decision.

1. Entitlement to TDIU is remanded.

The evidence of record suggests that, during the period on appeal, the Veteran has experienced periods of unemployment, quit jobs, and been fired from jobs, and these events may have been caused or affected by his service-connected disabilities, especially his depression. See, e.g., July 2014 VA treatment records, February 2018 VA examination for knee and lower leg conditions, January 2021 VA treatment records, May 2021 VA medical opinion, and June 2021 Supplemental Statement of the Case (SSOC). 

A TDIU claim is part of an increased rating claim when such claim is raised by the record. The Board lacks the necessary information to currently adjudicate the issue. Consequently, TDIU has been raised by the record and is deferred on remand as inextricably intertwined with the remanded increased rating claims. See Rice v. Shinseki, 22 Vet. App. 447 (2009).

2. Entitlement to an increased rating for depression disorder with anxiety (now claimed to include a dental condition) associated with degenerative joint disease, right-knee, with history of lateral meniscal tear and cyst, post-operative scar, is remanded.

The issue of entitlement to an increased rating for depression must also be remanded, as it is inextricably intertwined with the claim for TDIU. Evidentiary development regarding TDIU could affect the outcome of the claim for an increased rating. Therefore, the Board finds that this issue is inextricably intertwined with the claim for TDIU. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

1. Send a letter to the Veteran that informs him of the evidentiary requirements for establishing entitlement to a TDIU and his and VA's respective duties in obtaining evidence. Include with the letter a copy of VA Form 21-8940 (Veterans Application for Increased Compensation Based on Unemployability) and instruct the Veteran to complete the form and return it to the RO.

2. Then, after undertaking any additional development deemed necessary, adjudicate the claims in a Supplemental Statement of the Case, if any issue cannot be granted in full.

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Hicks, 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.