Citation Nr: 21070217 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 20-30 310 DATE: November 23, 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 on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1982 to July 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2018 rating decision issued by a regional office (hereinafter agency of original jurisdiction or AOJ) of the Department of Veterans Affairs (VA). Subsequently, the Veteran was granted an increased rating of 50 percent for his service-connected PTSD by a July 2020 rating decision, effective November 2, 2016. The Veteran testified before the undersigned Veterans Law Judge at a November 2021 hearing. 1. PTSD As noted above, the Veteran appeared before the undersigned Veterans Law Judge at a November 2021 hearing and attested to worsening PTSD symptoms. The Veteran reported that his PTSD impacted his social functioning as he now feels that it is too overwhelming to attend social functions. The Veteran reported that he will be in corner with 2-3 people or will have to leave room, as he will feel boxed in and has to have his back to a wall to always be on alert. The Veteran also reported experiencing forgetfulness, concentration problems, difficult sleeping, and waking up in a cold sweat thinking he hears explosions. The Veteran also reported a lack of motivation to clean the house and properly groom himself. He has also claimed to have lost interest in his hobbies and would find himself crying. Lastly, the Veteran reported that a couple of years ago he thought about self-harm, and about how it would affect family. The Veteran reported going through cognitive reflective therapy with a Dr. Dunn at the Martinsburg VA in 2017. The Board observes that the Veteran's last VA psychological examination occurred in July 2020. Additionally, recent VA treatment records are limited in scope, making it difficult to properly evaluate whether his condition warrants a higher disability rating. In light of the November 2021 hearing testimony indicating a worsening of PTSD symptoms, remand for a new VA examination is necessary. See Palczewski v. Nicholson, 21 Vet. App. 174 (2007). 2. TDIU At the Board hearing, the Veteran described last working in 2006, due to an inability to interact with the public and colleagues. The Veteran claimed that he cannot deal with crowds and loud noises. Therefore, the issue of entitlement to TDIU has been raised as part and parcel of the claim for a higher disability rating for PTSD. Rice v. Shinseki, 22 Vet. App. 447 (2009) (when evidence of unemployability is submitted during the course of an appeal from an assigned disability rating, the issue of entitlement to a TDIU will be considered part and parcel of the claim for benefits for the underlying disability). As the Veteran's TDIU claim is inextricably intertwined with the claim on appeal that has been remanded, action on that matter is deferred. See Harris; see also Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim). The matters are REMANDED for the following action: 1. Associate with the claims file any outstanding VA and relevant private treatment records. Additionally, contact the Veteran and ask him to submit any records involving competency determinations made during the appeal period. 2. Then, schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his service-connected PTSD. The examination report should include a discussion of the Veteran's psychiatric history and his reported symptoms. The examination report should report the severity of the Veteran's PTSD in terms conforming to the applicable rating criteria. The examiner is asked to consider the November 2021 hearing testimony describing the Veteran's description of symptoms such as hypervigilance, flashbacks, difficulty sleeping, thoughts of self-harm and memory lapses. A complete rationale should be given for all opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and whether there is additional evidence that would permit the opinion to be provided. 3. Undertake all notice and evidentiary development needed to resolve the issue of entitlement to a TDIU. This should include sending the Veteran a letter advising him of the information and evidence needed to award a TDIU. The letter should also request that he complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, in order to provide the information needed to substantiate the claim of TDIU. The Veteran should also be asked to complete and submit a VA Form 21-4192, Request for Employment Information, to allow VA to attempt to request employment verification information from his employers. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lent, Edward 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.