Citation Nr: 21027545 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 10-47 057 DATE: May 6, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for depressive disorder prior to January 28, 2011, in excess of 50 percent for posttraumatic stress disorder (PTSD) (previously diagnosed as depressive disorder) prior to December 29, 2014, and in excess of 70 percent for PTSD after December 29, 2014, is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) prior to October 22, 2018, is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from November 1988 to October 1992. He served in Southwest Asia from December 1990 to May 1991. This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter "the Court") in October 2016, which granted a joint motion for remand vacating an October 2015 Board decision and remanding the case for additional development. The case initially arose from rating decisions by the Lincoln, Nebraska, Regional Office (RO) of the Department of Veterans Affairs (VA). The Board remanded the issues then on appeal in March 2017 and the issues currently on appeal in October 2020. In November 2012, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge. The transcript of that hearing is of record. 1. Entitlement to an initial rating in excess of 10 percent for depressive disorder prior to January 28, 2011, in excess of 50 percent for PTSD prior to December 29, 2014, and in excess of 70 percent for PTSD after December 29, 2014, is remanded. 2. Entitlement to a TDIU prior to October 22, 2018, is remanded. In its October 2020 remand the Board requested an addendum medical opinion to address whether the Veteran's service-connected PTSD had any specific periods of increased or decreased impairment over the course of the appeal (i.e., since November 19, 2009) and to address whether there had been any period of marked interference with employment. It was also noted, in essence, that the evidence of record included inconsistent reports as to the Veteran employment status and occupational impairment due to his service-connected disabilities over the course of the appeal. For example, a November 2014 VA examination report noted the Veteran stated he was working "almost" full-time but VA treatment and Vocational Rehabilitation & Employment records indicate he had full-time federal government employment since 2012. Although an addendum VA medical opinion was obtained in March 2021, the examiner found the Veteran had a period of increased impairment from 2010 to 2012 without identifying the specific dates or manifest symptoms associated with that increase. The opinion also appears to have been provided based upon reports associated with the Veteran's college experiences which are inconsistent with a college transcript during this period included in his VA Vocational Rehabilitation & Employment records. It is additionally noted that recent VA treatment records indicate that in 2020 the Veteran was employed by VA and had a second job as a plant supervisor. In light of these matters and the absence of any clarifying information having been provided from the Veteran as to his employment status over the course of the appeal, the Board finds an in-person VA examination is required for adequate determinations. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected psychiatric disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. A complete rationale should be provided for the opinion as to current severity. The examiner must attempt to elicit information from the Veteran regarding his employment status over the course of the appeal (i.e., since November 19, 2009) and the severity, frequency, and duration of symptoms during this period. The examiner must address whether the Veteran's service-connected PTSD had any specific periods of increased or decreased impairment over the course of the appeal (i.e., since November 19, 2009) and address whether there had been any specific period(s) of marked interference with employment. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected psychiatric disorder alone prior to October 22, 2018. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Douglas 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.