Citation Nr: 21008857 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 15-42 717 DATE: February 18, 2021 REMANDED Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1965 to October 1969 in the United States Marine Corps. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Board denied entitlement to an initial rating in excess of 50 percent for PTSD and denied TDIU. See BVA Decision (July 2019). The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court), which granted a July 2020 Joint Motion for Partial Remand, vacating and remanding the issues of entitlement to an initial rating in excess of 50 percent for PTSD and TDIU See CAVC Decision (July 2020). 1. Entitlement to an initial disability rating in excess of 50 percent for PTSD is remanded. The Veteran contends that his PTSD symptoms are sufficiently severe to warrant a rating in excess of 50 percent. In this regard, the Veteran points to his spouse’s report that his PTSD symptoms had worsened such that she had to sleep during the day when he was not home because his sleep disturbances and startle response became so severe that it impaired her ability to sleep. He also points to an incident where he threatened the life of a supervisor, losing control of his anger, and having to flee the situation. Additionally, in September 2020, the Veteran submitted a PTSD Disability Benefits Questionnaire indicating total occupational and social impairment although neither the identified symptoms nor findings indicate, for example, gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self of others; disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. It did indicate that the Veteran had intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene) but provided little to no discussion to support the conclusion of total occupational and social impairment to include when such impairment was first shown. Given the above, the Board finds that the evidence suggests a worsening of the Veteran’s wrist disorder and, therefore, reexamination is necessary. See 38 C.F.R. §§ 3.326, 3.327 (reexaminations will be requested whenever VA determines there is a need to verify the current severity of a disability, such as when the evidence indicates there has been a material change in a disability or that the current rating may be incorrect); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). To ensure that VA has met its duty to assist, remand for a new VA examination is necessary to decide the appeal. 2. Entitlement to TDIU is remanded. Consideration of TDIU is deferred pending the outcome of the claim for increase for PTSD. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated). Further, the Board observe that the Veteran has not completed a VA Form 21-8940, which when properly completed has relevant employment and education information. Thus, on remand, he should be asked to complete the TDIU claim form. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from October 2020 to the present. 2. Obtain the Veteran’s compete Vet Center treatment records for the period from Apri 2013 to the Present. 3. Ask the Veteran to complete a TDIU claim form (VA Form 21-8940) and conduct any necessary development. Then, schedule the Veteran for examinations by appropriate clinicians regarding the current severity of his disabilities alleged as causing his unemployability. The examiners should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of examined disability on his ability to perform the mental and physical acts required for employment. The examiner(s) should identify all limitations or functional impairment caused solely by the examined service-connected disability, which the Veteran alleges causes his unemployability. 4. 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 symptoms and social and occupational impairment due to his service-connected PTSD alone. 5. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. A. Macek, 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.