Citation Nr: 21006557 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 14-35 209A DATE: February 4, 2021 REMANDED Entitlement to service connection for a seizure disorder is remanded. Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty, including from February 1969 to September 1972. These matters come before the Board of Veterans’ Appeals (Board) on appeal from October 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). On his October 2014 VA Form 9 (substantive appeal), the Veteran requested a Board videoconference hearing. The hearing was scheduled for August 21, 2017. However, the Veteran informed VA that he would be out of town and unable to attend the August 2017 hearing, but wanted a hearing at a later date. Thereafter, the Veteran was rescheduled to appear at a hearing in March 2018 but failed to appear. He did not offer a reason for his failure to appear, nor did he request that his hearing be rescheduled. As such, the Board deems his hearing request withdrawn. The Board remanded these issues in March 2019 for additional development. They are again before the Board for appellate review. Records Evidence indicates that there may be outstanding relevant treatment records. A February 2012 VA medical record shows that private records reflecting emergent treatment at St. Joseph’s Hospital in November 2011 were scanned into the online record system. However, these records are not viewable and are not otherwise in the claims file. These records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. 38 C.F.R. § 3.159(c)(2). In addition, in a July 2020 VA medical record, the Veteran reported that he was attending “therapy classes” in connection with his psychiatric treatment. These records are not in the claims file, and it is unclear whether they are private or VA medical records. A remand is required to allow VA to ask the Veteran to idenfity these records, obtain authorization if necessary, and request these records. 38 C.F.R. § 3.159(e)(2). Increased Rating – PTSD In a July 2020 statement, the Veteran asserted that he was experiencing more anxiety. The Veteran’s most recent examination for rating purposes was provided to the Veteran in June 2012. As it appears that his service-connected PTSD has increased in severity since the Veteran was last examined by VA, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his service-connected PTSD. See Snuffer v. Gober, 10 Vet. App. 400 (1997). TDIU Finally, because a decision on the remanded issues of entitlement to service connection for a seizure disorder and an increased rating for PTSD could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined. A remand of the issue of entitlement to TDIU is required. The matters are REMANDED for the following action: 1. Obtain the scanned documents reflecting emergent treatment at St. Joseph’s Hospital in November 2011 and associate them with the record. 2. Ask the Veteran to identify the records showing his participation in therapy classes for psychiatric treatment. If these records are private, ask him to complete a VA Form 21-4142 for the appropriate facility and make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. If these records are VA treatment, obtain the records and add them to the file. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. 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 (Continued on the next page)   symptoms and social and occupational impairment due to his service-connected psychiatric disorder alone. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Harrigan Smith 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.