Citation Nr: 21011647 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 16-06 246 DATE: March 2, 2021 REMANDED Entitlement to a disability rating in excess of 50 percent for service-connected unspecified depressive disorder with other specified trauma and stressor related disorder (previously rated as posttraumatic stress disorder) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1982 to February 1995. This matter is before the Board of Veterans’ Appeal (Board) on appeal from an August 2014 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran appeared at a hearing before the undersigned Veterans Law Judge in July 2019. A transcript of the hearing is in the Veteran's file. In Rice v. Shinseki, 22 Vet. App. 447 (2009), the Court of Appeals for Veterans Claims (Court) held that a TDIU claim is part of a claim for a higher rating when such claim is raised by the record or asserted by the Veteran. The Court further held that when evidence of unemployability is submitted during the pendency of a claim for an increased evaluation, the claim for TDIU will be considered part and parcel of the claim for benefits for the underlying disability, when such evidence indicates that unemployability is due, at least in part, to the underlying disability on appeal. The record reflects that the Veteran reported issues with employability due to his service-connected disabilities. The issue of entitlement to TDIU is therefore found to have been raised in connection with the claims here on appeal, and it has been added to the above list of issues before the Board. 1. Entitlement to a disability rating in excess of 50 percent for service-connected psychiatric disorder is remanded. The Veteran is seeking a disability rating greater than 50 percent for his service-connected psychiatric disorder. The Veteran was last afforded a VA examination determine the severity of his psychiatric disorder in May 2014. At that time, the Veteran was noted to exhibit occupational and social impairment with reduced reliability and productivity. The Veteran, contends, that his service-connected psychiatric disorder is more severe than his 50 percent disability rating. He submitted a March 2019 Disability Benefits Questionnaire (DBQ) that assessed the severity of his psychiatric disorder. The DBQ found the Veteran’s psychiatric disorder to result in total occupational and social impairment. The Board finds that the evidence of record is unclear as to the current severity of the Veteran’s psychiatric disorder. Specifically, the symptoms and occupational impact described by the private DBQ differ substantially from those found in the Veteran’s VA treatment records and by the previous VA examination of record. That is not to say that this DBQ is inaccurate or incredible. It very well may be a reflection of the current severity of the Veteran’s service-connected disability. Given the differences between the evidence of record, however, the Board finds it prudent to remand for a new VA examination to determine the Veteran’s current severity. Upon remand, the Board will also ask that any outstanding medical treatment records should be obtained and associated with the record. 2. Entitlement to a TDIU is remanded. A claim for a TDIU has been raised by the record, and the Veteran has filed a formal claim for that benefit. This claim, however, is inextricably intertwined with the issue of entitlement to an increased rating for psychiatric disorder, as the development for that issue could potentially affect his TDIU claim. Review of the claims file indicates that the Veteran has not submitted a completed VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability). While such a form is not strictly required for the Board to adjudicate this claim, determining whether a TDIU is warranted is based on a number of factors, including the Veteran’s work history, his education, and whether he has sought employment. All of this information is contained on the applicable formal claim for a TDIU, and it would be of great benefit to the Board or to VA decision-makers in determining whether a TDIU is warranted. Accordingly, the Board shall direct that the Veteran be provided a formal application for a TDIU. The Veteran is advised that the information on this form is crucial, and that failure to return the form or to provide the requested information in any other medium may result in a decision being made on a less than full record, or even in the denial of this claim. The matters are REMANDED for the following actions: 1. Provide the Veteran VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability). Conduct any necessary development required if this form is returned. 2. Obtain the Veteran’s VA treatment records for the period from January 2020 to the Present. 3. Schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected psychiatric disorder. The examiner is to specifically note the functional impact of the Veteran’s psychiatric disorder on his occupational outlook. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.R. Higgins, 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.