Citation Nr: 21021513
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 20-29 245
DATE: April 13, 2021

REMANDED

Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) for the period prior to March 19, 2021, is remanded.

Entitlement to total disability rating based on individual unemployability (TDIU) for the period prior to March 19, 2021, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1989 to December 1994.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2018 rating decision.

In March 2021, the RO readjudicated the Veteran’s claim for a rating in excess of 50 percent for PTSD and granted a 100 percent evaluation, effective March 19, 2021, by way of a March 2021 rating decision.  However, the Board notes that, as this rating decision was partially unfavorable.  The period prior to March 19, 2021 remains on appeal, and a supplemental statement of the case (SSOC) should have been issued for that period.  Therefore, it is necessary to remand the issue of entitlement to a rating in excess of 50 percent for PTSD prior to March 19, 2021, for the RO to issue a SSOC. 

The RO also granted TDIU, effective March 19, 2021, in the March 2021 rating decision.  The Board notes that a statement of the case (SOC) was issued regarding TDIU in April 2017.  However, the Veteran did not appeal the issue to the Board by filing a substantive appeal.  The Board further notes that where a claimant, or the record, raises the question of unemployability due to the disability for which an increased rating is sought, then part of the increased rating claim is an implied claim for TDIU.  Rice v. Shinseki, 22 Vet. App. 447 (2009).  Here, the issue of TDIU for the period prior to March 19, 2021, has been raised by statements provided by the Veteran regarding her PTSD severely affecting her ability to function in the workplace.  As such, the Board will take jurisdiction of the TDIU claim.  This claim is added to the issues on appeal and must be remanded as inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) 

The matters are REMANDED for the following action:

Readjudicate the claims for (1) a rating in excess of 50 percent for PTSD prior to March 19, 2021, and (2) TDIU prior to March 19, 2021.  Issue a rating decision for any decision made that is partially or wholly favorable to the Veteran.  For any decision made that is partially or wholly unfavorable to her, issue a supplemental statement of the case.  Provide a copy of the rating decision and/or supplemental statement of the case to the Appellant and her representative.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Ariasaif, 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.