Citation Nr: 21030983
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-16 124
DATE: May 20, 2021

REMANDED

The issue of an initial increased rating for posttraumatic stress disorder (PTSD) more than 50 percent from September 21, 2013 to October 10, 2017 and more than 70 percent thereafter is remanded.

The issue of a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1964 to October 1968.

This matter comes before the Board of Veterans' Appeals (Board) from a December 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A copy of the hearing transcript is associated with the claims file.

1. The issue of an initial increased rating for PTSD more than 50 percent from September 21, 2013 to October 10, 2017 and more than 70 percent thereafter is remanded.

2. The issue of a TDIU is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

At the April 2021 Board hearing, the Veteran indicated that he received social security benefits.  Review of the record reflects these records have not been associated with the electronic claims file.  Remand is required to obtain records from the Social Security Administration (SSA). 

Additionally, the Veteran testified and VA examinations suggest that his service-connected disabilities effect his ability to work.  See Rice v. Shinseki, 22 Vet. App. 447 (2009); Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001).  As the issue of TDIU is part and parcel of the increased rating on appeal, the issue is inextricably intertwined with the Veteran's PTSD claim and should also be remanded.

2. Obtain the Veteran's federal records from SSA.  Document all requests for information as well as all responses in the claims file.

3. If and only if appropriate, conduct any further medical development. After the above development, readjudicate the issue of increased rating for PTSD, to include the intertwined issue of TDIU on appeal.  

If the benefits sought on appeal are denied, the Veteran and his attorney should be provided a supplemental statement of the case (SSOC).  An appropriate period should be allowed for response before the case is returned to the Board.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McDuffie, 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.