Citation Nr: 21014863
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-12 458
DATE: March 16, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for a psychiatric disability is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

A request for entitlement to TDIU, whether expressly raised by a Veteran or reasonably raised by the record, is not a separate claim for benefits, but part of a higher initial rating claim.  At a November 2020 Board videoconference hearing, the Veteran indicated that he was totally disabled due to a service-connected psychiatric disability.  Although the issue of entitlement to TDIU has not been addressed previously as part of this appeal, the Board finds that it has been raised by the record.  Rice v. Shinseki, 22 Vet. App. 447 (2009).

Since the February 2017 statement of the case regarding the claim for a higher initial rating for a psychiatric disability, VA has added additional relevant evidence to the file, to include a February 2021 VA psychiatric examination report.  As the Board is remanding the claims, there is no need to discuss the lack of a waiver of Agency of Original Jurisdiction review.  That evidence should be reviewed in a supplemental statement of the case on remand.

1. Entitlement to an initial rating in excess of 10 percent for a psychiatric disability is remanded.

At the November 2020 Board videoconference hearing, the Veteran indicated that he was receiving regular treatment for a psychiatric disability the Clermont County VA Community Based Outreach Clinic (COBC).  A remand is necessary to obtain any outstanding VA records, to include any from that facility.  

2. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

Because a decision on the issue of a entitlement to a higher rating for a psychiatric disability could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined.  A remand of the claim for entitlement to TDIU is required.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records, to include any from the Clermont County COBC, to include from September 2020 to the Present.

2. Then, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU.  If any decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T.M. Gillett

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.