Citation Nr: 21024592
Decision Date: 04/23/21	Archive Date: 04/23/21

DOCKET NO. 12-02 139
DATE: April 23, 2021

REMANDED

Entitlement to a rating in excess of 30 percent prior to November 5, 2014, and in excess of 70 percent between November 5, 2014, and February 5, 2020, for generalized anxiety disorder with panic, depressive, and obsessive compulsive features is remanded.  

Entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) prior to February 5, 2020 is remanded.  

REASONS FOR REMAND

The Veteran had active service from May 2010 to June 2010.  

Entitlement to a rating of in excess of 30 percent prior to November 5, 2014, and in excess of 70 percent between November 5, 2014, and February 5, 2020, for generalized anxiety disorder with panic, depressive, and obsessive compulsive features ans a TDIU prior to February 5, 2020, is remanded.  

In reviewing the record, the Board of Veterans’ Appeals (Board) observes that the Veteran has reported having been employed during the relevant time period, including working as a store price verifier and a package deliveryman and at a Walmart.  The report of a March 2020 Department of Veterans Affairs (VA) psychiatric examination states that the Veteran had been employed as a package deliveryman until the week prior to the examination.  The Board is unable to discern whether the Veteran’s employment may be considered as substantially gainful in nature prior to February 5, 2020.  Such information is needed to fully evaluate the Veteran’s entitlement to both a higher rating for the psychiatric disability and a TDIU prior to February 5, 2020.  

The matters are REMANDED for the following actions:

Ask the Veteran to complete VA Form 21-8940 and provide the relevant employment information.  

 

 

J. T. HUTCHESON

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Edward G. Lent

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.