Citation Nr: 21029706
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 18-51 857
DATE: May 14, 2021

REMANDED

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder with depressive disorder and alcohol use disorder (PTSD) is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from November 1966 to October 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in June 2017 by a Department of Veterans Affairs (VA) Regional Office. In July 2019, the Board denied the claims on appeal, and the Veteran appealed such decision to the United States Court of Appeals for Veterans Claims (Court). In July 2020, the Court granted the Veteran's and the Secretary of VA's (the parties') Joint Motion for Remand (JMR), which vacated and remanded the Board's July 2019 decision. In December 2020, the Board remanded the case for additional development and it now returns for further appellate review.

1. Entitlement to a rating in excess of 70 percent for PTSD.

Pursuant to the December 2020 remand, the Veteran was afforded a VA examination in March 2021 in order to ascertain the current nature and severity of his PTSD. At such time, the examiner noted that, while the record only contained VA treatment records dated to May 2018, the Veteran reported ongoing treatment for his PTSD with his VA psychiatrist. Thus, a remand is necessary in order to obtain VA treatment records dated from May 2018 to the present. 

2. Entitlement to a TDIU.

As the Veteran's claim for TDIU is inextricably intertwined with his claim for an increased rating for PTSD, adjudication of the former claim must be deferred pending resolution of the latter claim. Tyrues v. Shinseki, 23 Vet. App. 166, 177 (2009) (en banc); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

Obtain VA treatment records dated from May 2018 to the present. All reasonable attempts should be made to obtain such records, and if any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile.  The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records. 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. M. Kelly, 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.