Citation Nr: 21077373 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 16-20 424 DATE: December 29, 2021 REMANDED Entitlement to a rating in excess of 50 percent from October 26, 2011 to June 29, 2014 and September 1, 2014 to August 12, 2021, and in excess of 70 percent, thereafter for service-connected unspecified anxiety disorder with features of PTSD is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 12, 2021 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from August 1973 to April 1976. These matters originally came before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that in January 2015, the RO assigned a temporary, 100 percent rating for the Veteran's psychiatric disability from June 30, 2014, to August 30, 2014, because she was hospitalized due to the disability. Additionally, in August 2021, the RO granted an evaluation of 70 percent for service-connected unspecified anxiety disorder with features of PTSD and TDIU as of August 12, 2021. Despite the grant of this increased evaluation and TDIU as of August 12, 2021, the Veteran has not been awarded the highest possible evaluation for the entire period on appeal. The issue remains on appeal, as the Veteran has not indicated satisfaction with the 70 percent rating for service-connected unspecified anxiety disorder with features of PTSD and grant of TDIU as of August 12, 2021. See A.B. v. Brown, 6 Vet. App. 35 (1993). Thus, the issues on appeal have been characterized accordingly. 1. Entitlement to a rating in excess of 50 percent from October 26, 2011 to June 29, 2014 and September 1, 2014 to August 12, 2021, and in excess of 70 percent, thereafter for service-connected unspecified anxiety disorder with features of PTSD is remanded. While the Board sincerely regrets further delay, a fully-informed decision on the issue of entitlement to increased ratings for service-connected unspecified anxiety disorder with features of PTSD can not be made because there has not been substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). In April 2021, the Board remanded this claim to obtain a VA examination assessing the severity of the Veteran's service-connected anxiety disorder with features of PTSD since October 26, 2011. The Board specifically instructed the examiner to "directly address the Veteran's contemporaneous medical records, legal behavior, and lay statements, including the Veteran's mental health court case, the SSA medical records, and the Veteran's statement that her condition is much worse than noted in her records." The Veteran was afforded a VA examination in August 2021. The examiner opined the Veteran's condition had "substantially worsened" since her 2014 VA examination, and provided an additional diagnosis of Unspecified Bipolar and Related Disorder. He also briefly addressed the Veteran's mental health history. However, the examiner only assessed the severity of the Veteran's condition since her 2014 VA examination. Thus, a remand is necessary to obtain an addendum opinion that assesses the severity of the Veteran's service-connected anxiety disorder with features of PTSD for the entire period on appeal, beginning October 26, 2011. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 12, 2021 is remanded. Since the Board is remanding the Veteran's claim for an increased rating for service-connected unspecified anxiety disorder with features of PTSD, any potential future assignment of disability ratings and effective dates for her disability will impact the adjudication of the TDIU claim. For this reason, this issue must be resolved prior to the resolution of the claim for TDIU. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Obtain all VA treatment records not currently associated with the claims file. 2. See explanation above for finding the August 2021 examination inadequate. 3. Schedule a new examination to evaluate the severity of the Veteran's service-connected unspecified anxiety disorder with features of PTSD since October 26, 2011. The claims folder must be made available to and reviewed by the examiner. The examiner should note in the examination report that the claims folder has been reviewed. After a thorough review of the claims file, the examiner should provide an opinion assessing the severity of the Veteran's service-connected anxiety disorder with features of PTSD since October 26, 2011. The examiner is to directly address in detail, the Veteran's contemporaneous medical records, legal behavior, and lay statements, including the Veteran's mental health court case, the SSA medical records, and the Veteran's statement that her condition is much worse than noted in her records. The examiner must also provide an assessment of the Veteran's functional limitations due to her service-connected disability as it may relate to her ability to function in a work setting and to perform work tasks. However, the examiner should refrain from commenting on the Veteran's employability. A complete rationale for all conclusions must be provided. If an examiner cannot provide the requested opinion without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Papacalos, 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.