Citation Nr: 21074848
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 19-02 731A
DATE: December 16, 2021

REMANDED

Entitlement to an initial disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) prior to January 4, 2011, and in excess of 50 percent thereafter, is remanded.

Entitlement to a finding of total disability based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the U.S. Army from February 1966 to February 1968. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

The Veteran testified during a virtual hearing before the undersigned Veterans Law Judge (VLJ) in December 2021. This decision is being rendered prior to the production of a transcript of that hearing; as the claim is remanded for further development, the Veteran is not prejudiced.

In December 2021, the Veteran testified that during his examination he did not report all his PTSD symptoms to the examiners. He indicated that he had suicidal ideation and did not care if he was dead. He noted that he did not report this information because he did not want his guns taken away, as hunting was his only activity and he so enjoyed it. He stated that he only had one friend and avoided people. He also stated, and his friend corroborated, that his condition was worsening.

In light of the time that has passed since his last VA examination (March 2013) and reports of the Veteran's worsening mental state, the Board finds an additional examination is required to assess the current state of the Veteran's PTSD disability.

The Veteran has raised the issue of entitlement to TDIU as part and parcel of his increased rating claim for PTSD, alleging that his service-connected disabilities prevent him from securing and following substantially gainful employment. Rice v. Shinseki, 22 Vet. App. 447, 453 (2009). As such, the Board defers decision on the TDIU claim as intertwined with the remanded rating claim, since the outcome of that appeal could impact the Veteran's overall rating and TDIU entitlement.

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Schedule the Veteran for a VA PTSD examination to ascertain the current nature and severity of his service-connected PTSD.

The examiner should solicit reports from the Veteran directly addressing his current PTSD symptoms, to include suicidal ideation, and should, to the extent possible, ask about the Veteran's actual level of functioning since 2011.

3. Thereafter, readjudicate the remanded issues. If any benefit sought remains denied, issue a supplemental statement of the case. After an appropriate time for response, the case should be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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.