Citation Nr: 21072490 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 16-01 211 DATE: December 3, 2021 REMANDED Entitlement to a temporary total evaluation due to hospitalization for a mental condition is remanded. Entitlement to a temporary total evaluation due to treatment for a service-connected condition requiring convalescence is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty for training and active duty from March 1978 to July 1978 and from July 1979 to March 1981. This appeal comes to the Board of Veterans' Appeals (Board) from April 2014, December 2016, and May 2018 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded these matters in March 2020 and April 2021 for additional development, and the Board found VA should adjudicate the issues together as intertwined issues. In a September 2021 rating decision, VA granted the Veteran entitlement to service connection for posttraumatic stress disorder (PTSD) to include cocaine use disorder, cannabis use disorder, and alcohol use disorder effective October 22, 2012. VA also accepted the Veteran's June 2021 Motion to Withdraw Specific Claims including claims for higher evaluations for service-connected right and left knee disabilities. The remaining claims have returned to the Board for readjudication. After reviewing the claims file, the Board finds it necessary to remand these matters to obtain outstanding relevant records. In the September 2021 Supplemental Statement of the Case, VA indicated it was denying the Veteran's claims in part because Computerized Patient Record System (CPRS) records indicated the Veteran was currently involved in the L.F. Health Care Center Compensated Work Therapy program where he was noted to be employed. VA treatment records from the L.F. Health Care Center received in May 2021 include some discussion of the Veteran's participation in the work therapy program. They indicate that the Veteran was discharged due to noncompliance with the terms of the program, which the Veteran indicated was related to difficulties with incarceration and parole. While they indicate the Veteran was readmitted to the program before discontinuing it again, they do not provide an adequate accounting of the frequency of the Veteran's work, the nature of his duties, and his compensation over time. Moreover, subsequent records from the L.F. Health Care Center received in September 2021, including a September 2021 Mental Health Telephone Encounter Note, show the Veteran indicated he was not able to maintain a job because of his PTSD and bad knees. It is not clear from the claims file whether VA obtained all available records pertaining to the work therapy program including the CPRS records noted by the June 2021 PTSD VA examiner. On remand, VA should obtain all outstanding relevant records relating to the Veteran's participation in the work therapy program and an accounting from the Veteran of any current and past work in the program. The Board REMANDS these matters for the following actions: 1. VA should contact the Veteran and all current representatives and request their assistance in identifying any outstanding relevant records. VA should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran's claims file. 2. VA should obtain all records relevant to the Veteran's participation in the L.F. Health Care Center Compensated Work Therapy program including any program enrollment paperwork, progress reports, discharge notes, compensation records, and all other relevant records in VA's computer systems (e.g. CPRS) that are not currently associated with the claims file. VA should also ask the Veteran to provide a statement of his work schedule (e.g. hours worked per week), his pay, and his ability to maintain concentration, persistence, or pace on the work in light of his service-connected disabilities. K.A. KENNERLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Duffy 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.