Citation Nr: 21032842
Decision Date: 05/28/21	Archive Date: 05/28/21

DOCKET NO. 17-05 631A
DATE: May 28, 2021

REMANDED

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

Entitlement to a total rating based on individual employability due to service-connected disability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active military service from January 1989 to January 1993.  He testified before the undersigned Veterans Law Judge during an April 2021 hearing.  This matter is on appeal from a November 2014 rating decision.

The Veteran's testimony suggests that he is unable to work due to his PTSD symptoms.  In light of the Veteran's testimony, the Board of Veterans' Appeals (Board) concludes the issue of entitlement to TDIU is before it.  Rice v. Shinseki, 22 Vet. App. 447 (2009). 

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

During this April 2021 hearing, the Veteran asserted that his PTSD has increased in severity since he was last examined by VA.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his PTSD. 

2. Entitlement to TDIU is remanded.

The Veteran raised the issue of entitlement to TDIU during his hearing.  The agency of original jurisdiction (AOJ) should develop the issue. 

The matters are REMANDED for the following action:

1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 

2. Ask the Veteran to complete a TDIU claim form, and inform him of the evidence needed to support a TDIU claim.  

3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD.  The Board recognizes the practical difficulties of scheduling an examination in view of the COVID-19 epidemic, and requests flexibility and understanding in affording the Veteran an opportunity to report for an examination.

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 PTSD alone. The examiner should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of PTSD on employment.  The examiner should identify all limitations or functional impairment caused solely by PTSD.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Barstow, 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.