Citation Nr: 21031690
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 17-30 839
DATE: May 24, 2021

REMANDED

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II is remanded.

Entitlement to individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1967 to December 1968.  These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran, and J.K., testified at a videoconference hearing before the undersigned Veterans Law Judge.   

 

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

2. Entitlement to a rating in excess of 20 percent for diabetes mellitus, type II is remanded.

At the April 2021 videoconference hearing, the Veteran asserted that the disabilities on appeal have increased in severity since he was last examined by VA in April 2016.  The Veteran should be provided an opportunity to report for VA examinations to ascertain the current severity and manifestations of his disabilities.

Evidence indicates that there may be outstanding relevant VA treatment records.  During the hearing, the Veteran reported that he has continued to receive VA treatment for the disabilities on appeal.  As the records in the claims file are current only through May 2017, updated VA treatment records should be associated with the file.

3. Entitlement to individual unemployability is remanded.

The appeal for individual unemployability is inextricably intertwined with the increased rating claims being remanded.  Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).  Accordingly, adjudication of the claim for individual unemployability is deferred at this time.

In addition, the Veteran completed a VA Form 21-8940 in March 2016 listing his last period of employment as ending in 2007.  However, at his April 2021 videoconference hearing, the Veteran testified to being employed part-time from 2008 to 2012 at various retail employers.  In light of this new information, on remand, the Veteran should be provided an opportunity to complete a new VA Form 21-8940, in order to update his employment record by including his reported part-time employment from 2008 to 2012.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a new VA Form 21-8940 in order to update his employment record by including his part-time employment from 2008 to 2012, as reported at his April 2021 videoconference hearing.

2. Obtain the Veteran's VA treatment records for the period from May 2017 to the present.  

3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected diabetes mellitus, type II.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  In addition, the examiner should discuss the effect of the Veteran's diabetes mellitus, type II disability on his occupational functioning.

4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms.  To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected psychiatric disorder.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Caban, 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.