Citation Nr: 21030607 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-57 414 DATE: May 19, 2021 REMANDED Entitlement to an initial increased evaluation in excess of 50 percent for service-connected posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1976 to August 1996. These matters come before the Board of Veterans Appeals (Board) on appeal from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript has been associated with the electronic claims file. In a February 2020 decision, the Board granted an increased evaluation to 50 percent for the service-connected PTSD. The Veteran appealed the February 2020 decision to the U.S. Court of Appeals for Veterans Claims (Court). In a December 2020 Order of the Court granting a Joint Motion for Remand (JMR), the parties agreed to vacate the February 2020 Board decision and remand the matters for further development and readjudication based on the terms of the JMR. The case has been returned to the Board. Finally, the record before the Board can reasonably be construed to include a request for a TDIU; however, the RO has not yet developed this claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. Increased Evaluation for PTSD is remanded. The Veteran contends that the symptoms of the service-connected PTSD are more severe than the currently assigned evaluation. After review of the evidence, a remand is necessary to allow for a fully informed decision. In a January 2020 correspondence, the Veteran indicated he has received by monthly treatment for the service-connected PTSD since 2016. A review of the record reflects the most recent records in the file are from 2018. Next, the Veteran submitted a completed DBQ in March 2019 and last underwent a VA examination in April 2017. The Veteran's reports and VA treatment records indicate that the PTSD has potentially worsened and as discussed in the introduction, have raised the issue of entitlement to a TDIU. While the passage of time alone does not warrant a new examination, given the extent of treatment the Veteran has received for the PTSD during the appeal period, and the indications of worsening, the Board finds that a current examination is necessary. Palczewski v. Nicholson, 21 Vet. App. 174 (2007); see also Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. Contact the Veteran and his representative and ask them to provide sufficient information and necessary authorization in order to obtain copies of any outstanding records of treatment by non-VA health care providers for the service-connected PTSD. The letter should invite the Veteran and his representative to submit any pertinent medical evidence in support of his claim. If the Veteran or his representative provides the necessary information and authorizations, obtain any outstanding clinical records and incorporate them into the electronic claims file. 2. Associate any outstanding VA treatment records with the electronic claims file. 3. Send the Veteran a VA Form 21-8940 and request that he complete it with exact dates for all periods of employment. 4. After completion of the above-specified development, schedule the Veteran for a VA psychiatric examination, to assess the current nature and severity of the service-connected PTSD. The VA examiner should review the evidence associated with the record. All necessary tests and studies should be conducted. The VA examiner should specifically comment on the impact of the Veteran's PTSD on his activities of daily living and ability to maintain substantially gainful employment. H. SEESEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Teague, 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.