Citation Nr: 21077041
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 19-06 973
DATE: December 28, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for an acquired psychiatric disorder 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 United States Marine Corps from February 1966 to June 1969, to include service in Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Combat Action Ribbon.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in January 2019 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in September 2021. A transcript of the hearing is of record.

1. Entitlement to a disability rating in excess of 30 percent for an acquired psychiatric disorder is remanded.

The Veteran asserts that he is entitled to a disability rating in excess of 30 percent for his service connected acquired psychiatric disorder.

The most recent VA examination of record for the Veteran's psychiatric disorder occurred in October 2018. During his September 2021 hearing, the Veteran testified that his psychiatric symptoms have progressed. Evidence of record also suggests that there has been a progression of the Veteran's symptoms since his last VA examination. As such, a remand is warranted to obtain the current level of severity of the Veteran's disability as well as to obtain any outstanding VA treatment records.  

2. Entitlement to a total disability rating based on individual unemployability is remanded.

The Veteran also asserts he is entitled to a TDIU based on his service connected disabilities.

However, because a decision on the remanded issue of an increased rating for an acquired psychiatric disorder could significantly impact a decision on the issue of a TDIU, the issues are inextricably intertwined. Thus, a remand for the issue of a TDIU is required.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records dated from August 2021 and thereafter and associate them with the claims file.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected psychiatric 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 psychiatric disorder alone.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. K. Hall, Associate 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.