Citation Nr: 21074757 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 16-24 622 DATE: December 16, 2021 REMANDED Entitlement to a disability rating in excess of 50 percent for service-connected major depressive disorder (MDD) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1969 to January 1971 in the United States Army. These matters were previously before the Board and were denied in an August 2020 decision. The Veteran appealed this denial to the Court of Appeals for Veterans' Claims (CAVC), which granted a Joint Motion for Remand (JMR) vacating the Board's decision and remanding the issues for further development. 1. Entitlement to a rating in excess of 50 percent for MDD is remanded. In the July 2021 JMR the parties agreed that the Board did not adequately address the potential severity of the Veteran's service-connected major depressive disorder. Specifically, the JMR indicated that the Board had not adequately considered the evidence of a dignosis of body dysmorphia with delusions that a September 2012 VA examination found was indistinguishable from the Veteran's major depressive disorder. However, subsequent VA examinations have found no diagnosis of body dysmorphia or assocaited delusions. The Board finds that it is necessary to obtain clarification of this conflicting evidence. Therefore, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his major depressive disorder. 2. Entitlement to a TDIU is remanded. Because a decision on the remanded issue of entitlement to an increased rating for major depressive disorder could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to a TDIU is required. The July 2021 JMR specifically cited symptoms such as delusions associated with the body dysmorphia as being relavent to determining the Veteran's capacity for work. As stated above, it is necessary to obtain a VA examination to determine whether the Veteran has such a diagnosis and/or symptoms. Finally, remand is required for referral of the claim for a TDIU, for the period prior to August 23, 2012, to the Director, Compensation Service, for extraschedular consideration. In the July 2021 JMR the parties noted that the Board's decision discussed entitltment to TDIU prior to August 23, 2012, but did not consider the issue substantively, referencing the analysis used in denying TDIU beginning August 23, 2012. Based on the disability ratings, the Veteran does not meet the percentage standards set forth in § 4.16(a) prior to August 23, 2012. Therefore, the Board may not consider his claim for a TDIU in the first instance an must refer it to the Director, Compensation Service. 38 C.F.R. § 4.16(b). Accordingly, as the entire TDIU claim must be remanded, a referral should be made for the claim prior to August 23, 2012 to the Director, Compensation Service, for extraschedular consideration. The matters are REMANDED for the following actions: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected major depressive disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected major depressive alone. Additionally, the examiner must address the conflicting evidence of record with respect to a diagnosis of body dysmorphia. The examiner should opine whether the Veteran has or had a diagnosis of body dysmorphia and delusions at any time. If so, the examiner must comment on whether these symptoms can be distinguished from the Veteran's major depressive disorder. 2. Refer the Veteran's claim for TDIU to VA's Director of Compensation Service for extraschedular consideration prior to August 23, 2012. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to a TDIU. If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. Saudiee Brown Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.S. McLeod 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.