Citation Nr: 21076925 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 18-46 132A DATE: December 28, 2021 REMANDED Entitlement to a disability rating in excess of 70 percent for the Veteran's service-connected post-traumatic stress disorder (PTSD) is remanded. Entitlement to an effective date prior to February 3, 2017, for the Veteran's total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from April 1970 to October 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision from a Department of Veteran's Affairs (VA) Regional Office (RO). In December 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). TDIU is an element of an increased rating claim when unemployability is expressly raised by the Veteran or reasonably raised by the record. Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board finds the issue of an earlier effective date for TDIU has been raised by the record and is, thus, properly before the Board by virtue of the Veteran's appeal of the rating assigned for his service-connected PTSD, pursuant to Rice. PTSD The Board notes that the last VA examination in connection with the Veteran's service-connected PTSD was conducted nearly 4 years ago in January 2018. The Veteran provided testimony in his December 2021 Board hearing that his psychiatric symptoms have worsened. Given the length of time since the last examination, and the potential worsening of the Veteran's claimed condition, a remand is warranted for a contemporaneous examination. Further, the Board notes review of the record indicates that the Veteran receives treatment for his psychiatric disability through the VA and the Vet Center. However, the most recent Vet Center records in the file are dated from May 2019. Consequently, there is a reasonable basis to find that additional relevant records exist but have not been associated with the evidence of record. As such, a remand to obtain these records and associate them with the record is warranted. TDIU Finally, the Board notes the issue of entitlement to a TDIU rating for the period on appeal prior to February 3, 2017, must be held in abeyance at this time, because this issue is intrinsically intertwined with the above-noted remanded issue. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Take all appropriate steps to obtain the Veteran's current records of care from the VA Vet Center from May 2019 to the present. 2. Then, schedule the Veteran for an appropriate VA examination, with a qualified examiner, to determine the current nature and severity of his PTSD. The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed. The examiner must provide a complete rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If an examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiners should identify the additional information that is needed. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Gresham 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.