Citation Nr: 21009050
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 17-30 333
DATE: February 18, 2021

REMANDED

Entitlement to a rating in excess of 30 percent prior to January 6, 2017 and a rating in excess of 50 percent thereafter for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1964 to January 1968. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

A May 2017 rating decision increased the Veteran’s rating for PTSD from 30 percent to 50 percent, effective January 6, 2017, indicating that the assignment of this rating was a partial grant of the benefits sought on appeal. Accordingly, as higher ratings are available, this issue remains in appellate status. See A.B. v. Brown, 6 Vet. App. 35, 38 (1993).

In January 2021, the Veteran appeared at a teleconference hearing before the undersigned. A transcript of the hearing is of record. 

This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.900(c).

1. Entitlement to a rating in excess of 30 percent prior to January 6, 2017 and a rating in excess of 50 percent thereafter for posttraumatic stress disorder (PTSD) is remanded.

At his January 2021 Board hearing, the Veteran testified that his service-connected PTSD symptoms had worsened since his last VA examination, including symptoms of increased social isolation. As such, a remand is necessary to afford the Veteran a new VA examination for his PTSD to determine its current level of severity.

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

Additionally, the Board notes that, at his hearing, the Veteran suggested that he retired prematurely in or around 2015 as a result of his service-connected PTSD. Thus, the Board finds that the issue of entitlement to a TDIU has been raised by the record. See Rice v. Shinseki, 22 Vet. App. 447 (2009).

Because PTSD is shown to have an impact on employability, the outcome of the remanded PTSD claim potentially impacts the TDIU claim; therefore, final adjudication of the TDIU appeal will be deferred until the AOJ completes the ordered development. 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the current level of severity of his service-connected PTSD. The electronic claims file must be made available to the examiner for review in conjunction with the examination. 

(a.) The examiner should describe the severity, frequency, and duration of all symptoms associated with the Veteran’s PTSD. 

(b.) The examiner should also comment on the functional effects of all of the Veteran’s service-connected disabilities, relative to the Veteran’s ability to secure or follow substantially gainful employment.

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Hite, 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.