Citation Nr: 21024036 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 17-27 489 DATE: April 21, 2021 REMANDED Entitlement to a total disability based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1970 to October 1973. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from the February 2016 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In the May 2017 VA Form 9, Substantive Appeal, the Veteran elected an optional Board hearing. At a Board hearing in November 2020, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the Board hearing is associated with the claims file. In October 2015, the Veteran submitted VA Form 21-8940, Application for Increased Compensation Based on Unemployability, alleging entitlement to a TDIU due to his service-connected posttraumatic stress disorder (PTSD). VA will grant a TDIU when the evidence shows that the Veteran is precluded, by reason of his service-connected disabilities, from obtaining and maintaining any form of gainful employment consistent with his education and occupational experience. 38 C.F.R. § 4.16. Under the applicable regulations, a TDIU may be granted only when it is established that the Veteran’s service-connected disabilities are so severe, without factoring the effect of non-service connected disabilities, as to prevent the Veteran from obtaining and maintaining substantially gainful occupation. Under 38 C.F.R. § 4.16(a), if there is only one service-connected disability, the disability must be rated at 60 percent or more to qualify for schedular TDIU. If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. Here, the Veteran has only one service-connected disability. He is service connected for PTSD with an assigned rating of 50 percent. At the November 2020 Board hearing, the Veteran testified that his PTSD symptoms had worsened in severity and impacts his ability to work. See November 2020 Hearing Transcript at 6, 7, and 11. Currently, there is insufficient information to determine the impact of the Veteran’s service-connected PTSD on his employment because his most recent VA examination was conducted in January 2016 and the Veteran testified that his PTSD symptoms have worsened in severity since then. A veteran must be afforded a thorough and contemporaneous examination when the record does not adequately reveal the current state of his disability. Hart v. Mansfield, 21 Vet. App. 505, 508 (2007) (citing, inter alia, Green v. Derwinski, 1 Vet. App. 121, 124 (1991)). The record is inadequate and the need for a contemporaneous examination occurs when there is evidence (including a veteran’s statements) of a possible increase in disability since the last examination, as in this case. Hart at 508 (citing, inter alia, Snuffer v. Gober, 10 Vet. App. 400, 403 (1997)). Accordingly, the Board finds a remand is necessary to afford the Veteran new VA examination to determine the current severity and manifestations of his service-connected PTSD and whether it meets the minimum TDIU schedular requirements. Additionally, upon remand, the examiner needs to describe the impact of the Veteran’s service-connected PTSD on his employment. While the Board regrets the delay, a remand is necessary before the Board can adjudicate the Veteran’s claim. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate examiner to determine the current severity of his service-connected posttraumatic distress disorder (PTSD). 2. Provide the VA examiner the Veteran’s complete claims file, including this Remand, for review. The examination report should reflect that such review was accomplished. 3. The examiner is advised that the Veteran is competent to report symptoms and treatment of his service-connected PTSD. The examiner must attempt to elicit information from the Veteran regarding the severity, frequency, and duration of symptoms. The Veteran’s reports must be considered in formulating the requested opinions. 4. Based on review of the record and examination of the Veteran, the examiner is requested to: a. Provide a full description of the Veteran’s service-connected PTSD disability and report all manifestations and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. b. Opine on the social and occupational impairment due to the Veteran’s service-connected PTSD. c. Describe the impact of the Veteran’s service-connected PTSD on his employment. 5. A complete rationale must be provided for any and all opinions offered. All appropriate studies and consultations should be accomplished, and all clinical findings should be reported in detail. If any requested opinion cannot be provided without resorting to mere speculation, the examiner must fully explain why this is the case and identify what, if any, additional evidence or information might allow for a more definitive opinion. 6. After completing the foregoing and any other development necessary, readjudicate the Veteran’s claim. 7. If the benefits sought remain denied, furnish to the Veteran and his representative a Supplemental Statement of the Case (SSOC) and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Agarwal, 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.