Citation Nr: 21070255 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 14-32 032 DATE: November 23, 2021 REMANDED Entitlement to a disability rating in excess of 30 percent for the Veteran's service-connected psychiatric disorder, to include post-traumatic stress disorder (PTSD), from September 4, 2012 to January 28, 2019, and in excess of 50 percent from April 1, 2019, 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 July 1968 to July 1971, and from July 1976 to July 1980. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2020, the Board denied entitlement to a rating in excess of 30 percent for a psychiatric disorder, to include PTSD, from September 4, 2012 to January 28, 2019, restored a 50 percent rating from April 1 to August 26, 2019, and denied a rating in excess of 50 percent from April 1, 2019 for the Veteran's service-connected psychiatric disorder. The Veteran appealed the Board's denials to the Court. In a June 2021 joint motion for partial remand, the Court vacated and remanded the part of the July 2020 Board decision that denied entitlement to a disability rating in excess of 30 percent for psychiatric disability from September 4, 2012 to January 28, 2019, and in excess of 50 percent from April 1, 2019. Although further delay is unfortunate, the Board finds that, for the reasons below, remand is required for compliance with the Court's remand. 1. Entitlement to a disability rating in excess of 30 percent for a psychiatric disorder, to include PTSD, from September 4, 2012 to January 28, 2019, and in excess of 50 percent from April 1, 2019. 2. Entitlement to a TDIU. It is contended that a rating in excess of 30 percent for psychiatric disorder, to include a TDIU, is warranted from September 4, 2012. See Correspondence (February 2019). The Court held that the Board erred when it failed to address the Veteran's previously explicitly raised argument that he is entitled to a TDIU as part of his appeal for an increased rating in its July 2020 decision. See CAVC Decision (June 2021). A TDIU claim is part and parcel of a claim for increased compensation when evidence of unemployability is submitted. Rice v. Shinseki, 22 Vet. App. 447, 454 (2009). Here, in a February 2019 correspondence the Veteran maintained that his psychiatric disorder prevents him from obtaining substantially gainful employment. With respect to TDIU, the Veteran has yet to be notified of the criteria for establishing a TDIU and of the types of evidence that may support his claim. The agency of original jurisdiction (AOJ) must provide the Veteran such notice, and also request that he submit a VA Form 21-8940 detailing his educational and occupational history, as this information is pertinent to the claim. Further, the issue of entitlement to TDIU is inextricably intertwined with the issue of entitlement to an increased rating for psychiatric disorder being remanded. Therefore, the Board must defer consideration of the claim at this time. See Harris v. Derwinski, 1 Vet. App. 181 (1991) (two or more issues are inextricably intertwined if one claim could have significant impact on the other). With respect to the increased rating claim, it appears that there are outstanding treatment records. An October 2019 VA treatment record shows that a non-VA behavioral health psychotherapy consultation was completed. However, the most recent non-VA treatment record for psychiatric disorder is from a June 2019 asssessment at the Eastern Montana Community Mental Health Center. The claims file does not show that records from October 2019 have been obtained. Therefore, to ensure that VA has met its duty to assist, remand is also required to request those identified relevant records. Accordingly, the matters are REMANDED for the following action: 1. Obtain any outstanding VA psychiatric psychiatric treatment records from May 2021 to the present, if any. (Continued on the next page) 2. Ask the Veteran to complete a VA Form 21-4142 for any private physicians treating his psychiatric disorder from June 2019 to the present, to include Eastern Montana Community Mental Health Center. Make two requests for the authorized records from any identified private physicians, unless it is clear after the first request that a second request would be futile. 3. Provide the Veteran with notice explaining how to establish entitlement to a TDIU and the types of evidence that may support his claim. Also, ask the Veteran to complete VA Form 21-8940. Rebecca N. Poulson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thaddaeus J. Cox, 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.