Citation Nr: 21015483
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 17-45 285
DATE: March 17, 2021

REMANDED

Entitlement to an initial evaluation in excess of 50 percent for PTSD is remanded.

Entitlement to a total disability rating due to individual unemployability due to service-connected disabilities (TDIU) prior to June 5, 2020 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to August 1969.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2020, a hearing was held before the undersigned.  A transcript of the hearing is of record.

1. Entitlement to an initial evaluation in excess of 50 percent for PTSD is remanded.

Remand is needed to obtain Vet Center records.  The Veteran testified at his October 2020 hearing before the Board that he attends a Vet Center in Albany for group therapy and VA treatment records, most recently from June 2020, indicate that the Veteran also goes to individual therapy every two weeks at the Vet Center.  On remand, all treatment records must be associated with the claims file.

 

Also, updated VA treatment records should be obtained and associated with the claims file.  

2. Entitlement to TDIU

A June 2020 rating decision awarded entitlement to TDIU effective June 5, 2020, the date the Veteran’s formal claim for TDIU was received by VA. The Veteran’s claim for TDIU indicated that he was unemployable due in part to his PTSD and indicated that he last worked in 2009 and became too disabled to work in 2013. Evidence of record during the appeal period for the increased rating claim, including the report of a March 2020 VA examination, indicates that the Veteran experienced a deficiency in the area of work, including having difficulty in adapting to stressful circumstances, including work or a work like setting. Therefore, the Board finds that the claim seeking entitlement to TDIU was raised by the record in the increased rating appeal before the Board prior to the current June 5, 2020 effective date of the award of TDIU. Rice v. Shinseki, 22 Vet. App. 447 (2009); see Harper v. Wilkie, 30 Vet. App. 356 (2018). As the claim for TDIU is inextricably intertwined with the claim seeking an increased rating for PTSD, it is also remanded. 

The matters are REMANDED for the following actions:

1.  Ask the Veteran to complete a VA Form 21-4142 for all of his Vet Center treatment providers.  Make two requests for the authorized records from each identified provider, unless it is clear after the first request that a second request would be futile.

 

2.  Obtain the Veteran’s VA treatment records for the period from June 2020 to the present.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Bonnie Yoon, 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.