Citation Nr: 21030709 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 12-12 792 DATE: May 19, 2021 REMANDED The claim for a rating in excess of 50 percent for major depressive disorder (MDD) is remanded. The claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2004 to December 2007. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. This matter was most recently before the Board in September 2017. The requested development has been accomplished, and the appeal has returned for further appellate consideration. The Board finds that the issue of entitlement to TDIU has been raised by the record; see Rice v. Shinseki, 22 Vet. App. 447 (2009). Specifically, on VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, the Veteran indicated that he was unable to obtain substantially gainful employment, in part, because of his service-connected psychiatric disorder. See VA Form 21-8940, received by VA in May 2013. In January 2017, the Veteran testified at a hearing before a Veterans Laws Judge (VLJ). A copy of the transcript is of record. Thereafter, the presiding VLJ retired from employment with the Board. When afforded the option for another Board hearing, the Veteran declined this opportunity. Thus, the Board will proceed with its appellate review of the claims without any prejudice to the Veteran. The Board finds that the claim for service connection for a right ankle disability is no longer on appeal. Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). It is noted that the Veteran is currently represented by the MOPH, based on the VA Form 21-22 that is on file. However, an IHP was filed on his behalf in January 2021 by the DAV. The Veteran was informed that for a representative other than the MOPH to represent him, he would need to complete and sign the proper authorization forms. He has not yet complied with this requirement. 1. The claim for a rating in excess of 50 percent for MDD is remanded. The most recent VA examination to evaluate the Veteran's MDD was in July 2016, almost five years ago. He has challenged the adequacy of that examination. In light of the Veteran's challenge and the intervening time since the last examination, the Board finds that an examination to ascertain the current severity of his MDD is necessary. 2. Entitlement to a TDIU is remanded. Because adjudication of the Veteran's increased rating claim for MDD will likely impact adjudication of his TDIU claim, these claims are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are inextricably intertwined when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered). The matters are REMANDED for the following action: Provide the Veteran with an examination to determine the severity of his MDD. To the extent that symptoms associated with service-connected and nonservice-connected personality disorder can be attributed to one disability or another, it should be noted in the report. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Carole Kammel, 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.