Citation Nr: 21029663 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 14-23 061 DATE: May 14, 2021 REMANDED Entitlement to an initial rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from June 1968 to June 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2010 rating decision by the Phoenix, Arizona, Regional Office (RO) of the Department of Veterans Affairs (VA). The case was remanded for additional development in May 2018 and February 2021. 1. Entitlement to an initial rating in excess of 50 percent for PTSD is remanded. 2. Entitlement to a TDIU is remanded. Although the issues on appeal were previously remanded, the Board finds that additional development is required for adequate determinations. It is noted that the February 2021 remand directives included a request that an examiner must "indicate what functional impact the Veteran's PTSD has on his ability to obtain and maintain substantially gainful employment." There is no indication of compliance with this request. A remand confers on a veteran or other claimant, as a matter of law, the right to compliance with the remand orders. See Stegall v. West, 11 Vet. App. 268 (1998). The Board notes that the Veteran contends his PTSD is more disabling than reflected by the presently assigned evaluation and that he is unemployable as a result of this disability. An April 2021 brief in support of the appeal additionally noted that VA had not provided the Veteran an Application for Increased Compensation based on Unemployability (VA Form 21-8940) and implied that additional employment information would substantiate his TDIU claim. The Board finds that the available VA records include inconsistent reports as to employability over the course of the appeal. It is noted that a July 2014 VA Vocational Rehabilitation & Employment report noted fulltime employment in chemical sales until August 2013 and part-time employment as a disc jockey, that a February 2016 VA treatment report noted he was active and still working, that a January 2019 report indicated he was retired, and that a July 2019 VA treatment report stated he was semiretired and working as a driver for an assisted living home. The Board further notes that a February 2021 VA examiner found the Veteran's PTSD was best described as an occupational and social impairment with reduced reliability and productivity. Although it was noted his symptoms included difficulty adapting to stressful circumstances, including work or a work-like setting, no explanation was provided as to why this symptom was not indicative of an occupational and social impairment with deficiencies in most areas. The examiner also noted, without further comment, that the Veteran reported a history of having been fired from three jobs since 2012 and that he typically had difficulties getting along with co-workers and supervisors. He reported similar employment difficulties upon VA examination in April 2014 and, while noting a symptom of difficulty adapting to stressful circumstances, including work or a work-like setting, the examiner did not explain why this symptom was not indicative of a more severe occupational and social impairment. The Board finds that further development is required. The matters are REMANDED for the following action: 1. Request that the Veteran provide additional employment information in support of his claims. He should be provided and requested to complete and submit an Application for Increased Compensation based on Unemployability (VA Form 21-8940). (Continued on the next page) 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. 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 September 30, 2010) 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 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. Amanda Christensen Acting 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.