Citation Nr: 21077084 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 12-35 766 DATE: December 28, 2021 REMANDED Entitlement to a rating in excess of 50 percent for PTSD with cognitive disorder is remanded. Entitlement to a TDIU due solely as a result of one service-connected-disability, and with consideration of special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114 (s), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1966 to May 1969, including service in the Republic of Vietnam. The Veteran and his spouse presented sworn testimony at a hearing before the undersigned in August 2018. In March 2019, the Board granted a 50 percent rating for the Veteran's PTSD, effective September 8, 2010, and remanded entitlement to a rating in excess of 50 percent from May 19, 2017, for additional development. In December 2020, the Board denied the issue of entitlement to a rating in excess of 50 percent for PTSD, with cognitive disorder from May 19, 2017 and granted a TDIU, effective September 8, 2010. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In August 2021, the Court granted a Joint Motion for Partial Remand (JMPR) filed by the Veteran and VA's Office of the General Counsel. The Court's order remanded the matter for action consistent with the terms of the JMPR. 1. Entitlement to a rating in excess of 50 percent for PTSD with cognitive disorder is remanded. The Veteran seeks a rating in excess of 50 percent for his PTSD with cognitive disorder. See October 2021 Appellate Brief. The Veteran was last afforded a VA examination for his psychiatric disability in August 2020. Additionally, the evidence indicates that the Veteran receives ongoing treatment for his service-connected psychiatric disability and VA treatment records are only current through July 2020. In light of the state of the record, the Board finds that the claims must be remanded to associate those records and to afford him a VA examination to assess the current severity of his psychiatric disability. See Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007) (an adequate VA medical examination must consider the Veteran's pertinent medical history). Therefore, remand is needed to obtain any outstanding records and an updated VA examination. The Veteran should be given the opportunity to provide a release for the records or obtain the records and provide them to VA. See 38 C.F.R. § 3.159 (e)(2). The duty to assist extends to providing assistance to obtain sufficiently identified VA medical records or records of examination or treatment at non-VA facilities authorized by VA, regardless of their relevance. Sullivan v. McDonald, 815 F.3d 786, 793 (Fed. Cir. 2016). Accordingly, the RO should obtain upon remand all of the Veteran's relevant VA or non-VA medical records. 2. Entitlement to a TDIU based solely on PTSD, with cognitive disorder is remanded. In a December 2020 rating decision, the RO granted a TDIU, effective September 8, 2010 based on the aggregate of his service-connected disabilities. The Veteran does not seek to disturb the favorable award; however, the Veteran asserts that a TDIU based solely on his service-connected PTSD is warranted. In the August 2021 CAVC decision, the Court directed the Board should address whether TDIU is based on PTSD alone was reasonably raised in the record. See August 2021 CAVC Decision. The Board finds that the Veteran's TDIU claim based solely on his service-connected PTSD is inextricably intertwined with the increased rating claim on appeal, appellate consideration of entitlement to a TDIU rating is deferred pending resolution of the remaining increased rating claim on appeal. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); see also Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc) (explaining that claims are inextricably intertwined where the adjudication of one claim could have a significant impact on the adjudication of another claim). The Board notes that the purpose of this remand directive is to determine whether the Veteran met the statutory requirement for an award of SMC pursuant to 38 C.F.R. § 1114(s). Therefore, the issue of entitlement to SMC at the housebound rate is intertwined with the issue of entitlement to a TDIU based on a single disability. The Board finds that remand is necessary for the AOJ to consider whether entitlement to a TDIU was warranted based upon the Veteran's service-connected PTSD alone, and to adjudicate entitlement to SMC on account of being housebound. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding treatment records and associate them with the claims file. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. 2. Schedule the Veteran for a VA examination to determine the current nature, extent and severity of his PTSD. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jordan, Jacquelynn 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.