Citation Nr: 21014146 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 13-05 970 DATE: March 11, 2021 REMANDED A disability rating in excess of 40 percent for a back disability is remanded. A disability rating in excess of 10 percent for radiculopathy of the right lower extremity is remanded. A disability rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded. A disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) from September 20, 2011 to January 3, 2016 is remanded. A disability rating in excess of 50 percent for PTSD from January 4, 2016 is remanded. A total disability due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army from January 2003 to January 2005. These matters come to the Board of Veterans’ Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) made in March 2014 and in March 2016. This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in April 2015, and a transcript of the hearing is of record. These matters were previously before the Board, and, in September 2015 and in June 2020, the Board remanded these matters for further development. 1. A disability rating in excess of 40 percent for a back disability is remanded. 2. A disability rating in excess of 10 percent for radiculopathy of the right lower extremity is remanded. 3. A disability rating in excess of 10 percent for radiculopathy of the left lower extremity is remanded. 4. A disability rating in excess of 30 percent for PTSD from September 20, 2011 to January 3, 2016 is remanded. 5. A disability rating in excess of 50 percent for PTSD from January 4, 2016 is remanded. 6. TDIU is remanded. At issue is whether the Veteran is entitled to increased disability ratings for a back disability, radiculopathy of the bilateral lower extremities and PTSD; as well as TDIU. The Veteran last underwent VA examinations evaluating the severity of this back disability, radiculopathy, and PTSD in January 2016. In August 2016, the Veteran filed a TDIU claim alleging that her back disability and radiculopathy had increased in severity such that she could no longer work. Therefore, the Veteran’s increased rating claims for a back disability and radiculopathy must be remanded in order to provide the Veteran with a VA examination sufficiently detailed to fully evaluate the Veteran’s claim. Barr v. Nicholson, 21 Vet. App. 303 (2007). Moreover, this examination will discuss the Veteran’s ability (or inability) to work (including due to the Veteran’s back disability). Therefore, this is inextricably intertwined with the Veteran’s level of occupational and social impairment (including due to PTSD); 38 C.F.R. § 4.130, General Rating Formula for Mental Disorders; as well as the Veteran’s ability to secure and maintain substantially gainful employment due to her previously service-connected disabilities. 38 C.F.R. § 4.16. Therefore, the Veteran’s increased rating claims for PTSD and claim for TDIU must be remanded as well in order to avoid piecemeal appellate litigation. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Arrange to provide the Veteran with a VA examination (or in necessary a telephone interview and a medical opinion based on the evidence of record) in order to determine the current severity of the Veteran’s back disability and associated neurological disabilities to include the Veteran’s radiculopathy of the bilateral lower extremities. The examiner should also: (a.) Comment on the Veteran’s ability to function in an occupational environment. (b.) Document the Veteran’s reported education and work experience. (c.) Describe any functional and occupational impairment caused by the Veteran’s service-connected back and associated neurological disabilities. 2. Arrange to provide the Veteran with a VA examination (or in necessary a telephone interview and a medical opinion based on the evidence of record) in order to determine the current severity of the Veteran’s PTSD. The examiner should also: (a.) Comment on the Veteran’s ability to function in an occupational environment. (b.) Document the Veteran’s reported education and work experience. (c.) Describe any functional and occupational impairment caused by the Veteran’s service-connected PTSD. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton 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.