Citation Nr: 21029845 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 19-25 785 DATE: May 17, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU rating) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1966 to August 1968, with verified service in the Republic of Vietnam. In April 2019, the Veteran filed a claim for a TDIU rating and alleged therein that he was prevented from securing or following any substantially gainful occupation due to his service-connected PTSD with alcohol use disorder. A July 2019 rating decision denied entitlement to a TDIU rating. Thereafter, the Veteran's attorney (on the Veteran's behalf) filed a VA Form 20-0996 (Decision Review Request: Higher-Level Review) in July 2020 requesting Higher-Level Review of the July 2019 rating decision. However, because the Veteran is seeking a TDIU rating in the context of his increased rating claim for PTSD with alcohol use disorder which is currently on appeal in the Legacy system, the Board finds that the TDIU rating issue is part and parcel of the increased rating issue on appeal, and therefore the TDIU rating issue will remain in the Legacy system with the increased rating issue. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Veteran had also initiated an appeal of the initial rating assigned for his bilateral hearing loss. However, following an April 2018 Statement of the Case (SOC) addressing this issue, the Veteran did not file a timely substantive appeal. Consequently, this matter is not before the Board. 1. Entitlement to an initial rating in excess of 30 percent for PTSD with alcohol use disorder. The Veteran contends that he is entitled to an initial rating in excess of 30 percent for his PTSD with alcohol use disorder. The record reflects that the Veteran most recently underwent a VA psychiatric examination in May 2019. Thereafter, in briefs submitted in August 2019, November 2019, and July 2020, the Veteran's attorney indicated that the Veteran's psychiatric symptoms were worse than what had been noted at his May 2019 VA examination, and alleged that the Veteran's PTSD with alcohol use disorder was manifested by the following additional symptoms: near continuous depression affecting his ability to function independently, effectively, and appropriately; no significant relationships or hobbies; and impaired impulse control. On remand, after any outstanding treatment records have been associated with the claims file, a new examination should be scheduled to ascertain the current level of severity for the Veteran's PTSD with alcohol use disorder, as there is an indication that the condition may have worsened since his last VA examination. 2. Entitlement to a TDIU rating. Because a decision on the PTSD increased rating issue could significantly impact a decision on the TDIU rating issue, the issues are inextricably intertwined. A remand of the TDIU claim is required. See Harris v. Derwinski, 1 Vet. App. 181 (1991). The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from November 2016 to the present. 2. After all requested records have been associated with the claims file, schedule the Veteran for an examination by an appropriate clinician (or a telehealth interview if an in-person examination is not feasible) to determine the current severity of his service-connected PTSD with alcohol use disorder. The electronic claims file must be made available to the examiner for review in conjunction with the examination. All necessary tests should be performed, and the results reported. All pertinent symptomatology and findings must be reported in detail. Any appropriate Disability Benefits Questionnaire (DBQ) should be filled out for this purpose, if possible. 3. Thereafter, review the record, ensure that all development is completed (and arrange for any further development suggested by additional evidence received), and readjudicate the claim on appeal for entitlement to a higher initial rating for PTSD with alcohol use disorder followed by adjudication of the issue of entitlement to a TDIU rating (in light of the outcome of the other claim on appeal, and with consideration of whether referral of an extraschedular TDIU rating under § 4.16(b) is warranted for any period that the schedular TDIU criteria under § 4.16(a) are not met). If any benefit sought on appeal remains denied, in whole or in part, a Supplemental Statement of the Case (SSOC) must be provided to the Veteran and his attorney. After the Veteran and his attorney have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. B. Yantz, Counsel The Board's decision in this case is binding only with respect to the instant matter(s) decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.