Citation Nr: 21073268
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 19-03 683
DATE: December 8, 2021

REMANDED

Entitlement to a rating higher than 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 in the U.S. Army from July 2006 to April 2012.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in December 2021.  This case is being remanded under VA's One Touch initiative; a transcript of the hearing will be associated with the file at a later date. 

 

1. Entitlement to a rating higher than 50 percent for posttraumatic stress disorder (PTSD) is remanded.

At the December 2021 hearing, the Veteran stated that his PTSD has worsened since the February 2018 VA examination was performed.   Accordingly, the matter is remanded to arrange for a new examination to assess the current severity of his PTSD.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007); 38 C.F.R. § 3.327(a). 

2. Entitlement to TDIU is remanded.

At the December 2021 hearing, the Veteran stated that he recently stopped working.  The Board finds that his testimony reasonably raises the issue of entitlement to TDIU.  See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009); 38 C.F.R. § 4.16 (requirements for establishing entitlement to TDIU).  

On remand, appropriate notice must be sent to the Veteran informing him of the requirements for establishing entitlement to TDIU.  He must also be sent a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) with instructions to fill out and return the form, which provides necessary information for determining entitlement to TDIU.

The matters are REMANDED for the following action:

1. Add to the claims file any outstanding VA treatment records pertaining to the Veteran dated since February 2018. 

2. Arrange for a VA examination to assess the current severity of the Veteran's PTSD. 

3. Provide the Veteran appropriate notice informing him of the requirements for establishing entitlement to TDIU.  

4. Send the Veteran a VA Form 21-8940 (application for TDIU), with instructions to fill out and return the form to VA.  A copy of the form must also be sent to his representative. 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin, 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.