Citation Nr: 21027348
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 17-33 521
DATE: May 5, 2021

REMANDED

Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) with mood disorder and alcohol abuse is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) based on service-connected disabilities is remanded. 

REASONS FOR REMAND

The Veteran served on active duty with the United States Navy from June 1989 to April 1992.

In September 2019, the Veteran testified before the undersigned at a Travel Board hearing held at the St. Petersburg, Florida Regional Office (RO).  A transcript of that hearing is of record.

1. Entitlement to a disability rating in excess of 50 percent PTSD with mood disorder and alcohol abuse

The Veteran was previously service connected for PTSD and assigned a 50 percent disability rating, effective July 16, 2009, in March 2010 rating decision.

The most recent VA PTSD examination necessary for determining the severity of the Veteran's service-connected PTSD was completed in January 2015.  In a September 2019 hearing, the Veteran testified that the severity of his PTSD has worsened since the last VA examination, and have continued to worsen as years passed.  Specifically, he stated that he has developed short term memory problems.  Given the above, the Board finds that the severity of the Veteran's PTSD may have worsened, and a that new VA examination is thereby necessary to determine the current disability evaluation of the Veteran's service-connected PTSD.  See Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993).

2. Entitlement to TDIU

As the matter of entitlement to a disability rating in excess of 50 percent for PTSD will have a substantial effect on the merits of his claim for a TDIU, the claim for a TDIU is inextricably intertwined and remanded with the Veteran's claim for increased rating for PTSD.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision cannot be rendered unless both issues have been considered); see also Tyrues v. Shinseki, 23 Vet. App. 166, 178 (2009).     

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected PTSD.  The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. 

The examiner must provide all findings, along with a complete rationale for his or her opinion(s), in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion.

2. After all completed development, the AOJ should then readjudicate the claims on appeal, including the Veteran's claim for entitlement to TDIU.  If the benefits sought on appeal are not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Riordan, 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.