Citation Nr: 21023235 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 16-47 150 DATE: April 20, 2021 REMANDED Entitlement to an initial rating in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to October 1974. His decorations include the Combat Action Ribbon and Purple Heart. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision and a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2020, the Veteran testified at a video-hearing before the undersigned. A transcript is of record. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims and to afford him every possible consideration. 1. Entitlement to an initial rating in excess of 50 percent for service-connected PTSD is remanded. The Veteran was last examined for purposes of assessing the severity of his PTSD in January 2016. During his August 2020 hearing the Veteran testified as to a worsening of symptomology since his last examination. Additionally, private treatment records from July 2017 reflect that the Veteran had “been having increased symptoms.” See July 2020 Private Treatment Records. Under the circumstances, a new examination is warranted. See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Additionally, a remand is necessary in order to obtain outstanding Social Security Administration (SSA) records. In this regard, it appears the Veteran is in receipt of social security benefits. See December 2015 TDIU Application. Currently, the claims file does not contain any SSA disability determination or clinical records used to support such an award. As the SSA’s decision and the records upon which the agency based its determination may be relevant to VA’s adjudication of his pending claim, VA is obliged to attempt to obtain and consider those records. 38 U.S.C. § 5103A(c)(3) (2012); 38 C.F.R. § 3.159(c)(2) (2018). As such, a remand is necessary in order to obtain all relevant medical records relied upon concerning the Veteran’s claim for SSA benefits. See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010); Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992). 2. Entitlement to a TDIU is remanded. Because the development sought in connection with the Veteran’s claim for a higher rating for his PTSD may impact his TDIU claim, the Board finds the issue to be intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); Holland v. Brown, 6 Vet. App. 443 (1994); Henderson v. West, 12 Vet. App. 11 (1998). As such, the TDIU claim will be remanded as well. The matters are REMANDED for the following action: 1. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159. The evidence obtained, if any, should be associated with the record. 2. Contact the SSA and request the Veteran’s relevant SSA records, including any administrative decision(s) on his application for disability benefits and all underlying medical records which are in the SSA’s possession. A copy of any request(s) sent to the SSA, and any reply, to include any records obtained from the SSA, must be included in the claims file. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile and allowed the opportunity to provide such records. 3. Arrange to have the Veteran scheduled for a VA psychiatric examination for purposes of assessing the current severity of his PTSD. The examiner should provide a full description of the Veteran’s associated functional impairments as they relate to his ability to engage in occupational and social activity. (continued on next page) 4. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issues remaining on appeal should be readjudicated based on the entirety of the evidence. If the benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. Shereen M. Marcus Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Gandhi, 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.