Citation Nr: 21040325 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 17-58 504 DATE: July 3, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability to include posttraumatic stress disorder (PTSD) and depression, is remanded. Entitlement to 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 in the United States Army from December 1971 to December 1973. The Board must discuss all theories of entitlement raised by the Veteran or by the evidence of record. Robinson v. Mansfield, 21 Vet. App. 545 (2008). Accordingly, the Board has recharacterized the claim as indicated above to afford the Veteran the broadest possible scope of review. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009). In February 2021 the Veteran testified before the undersigned Veterans Law Judge at a Board hearing. A transcript of the hearing is of record. The Board notes that the Veteran submitted a substantive appeal (via VA Form 9) in July 2018 for his claim for service connection for an upper respiratory disability. However, the Veteran requested a Board hearing and as it appears that such request is still pending, such claim is not before the Board at this time. Furthermore, the Veteran submitted a VA Form 10182 for his claims for service connection for prostate cancer and a temporary total disability rating. However, such claims are also awaiting a hearing, and are therefore not before the Board at this time. Therefore, the Veteran's claims for service connection for an upper respiratory disability as well as prostate cancer and a temporary total disability rating will be handled by separate Board decisions. Although the Board regrets the delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Entitlement to service connection for an acquired psychiatric disability to include PTSD and depression is remanded. The Veteran alleges that he suffers from PTSD and depression as a result of his active duty service. Specifically, the Veteran contends that incidents with the German police and their dogs between September 1972 and December 1973 resulted in his PTSD. The Veteran's service treatment records are silent for any complaints, treatment, or diagnosis of PTSD or depression. Furthermore, the records do not reflect the Veteran's alleged incidents with the German police. However, the Veteran was diagnosed with situational anxiety requiring a prescription of Valium in June 1973. The Board notes that it does not appear that any development was conducted to verify the Veteran's allegations of in-service stressors, either his interactions with the German police or whether his situational anxiety was evidence of such interactions or the early manifestations of his mental health disabilities. As this is critical to adjudicating the relevant service connection claim on appeal, the Board finds that a remand is needed to ensure adequate and exhaustive development. The Board further notes that post-service treatment records reflect treatment for and diagnoses of mental health disabilities, to include PTSD and depression. In addition, a treatment note in February 2021, equates the Veteran's PTSD and depression to his interaction with German police dogs during service. As the Veteran has provided reliable testimony as to possible in-service stressors as well as post-service diagnoses, the Board finds that an etiological opinion is warranted. However, no VA examination has been conducted. Therefore, on remand, a VA medical opinion should be obtained to determine the etiology of the claimed mental health disabilities. Entitlement to a TDIU due to service-connected disabilities is remanded. The Board finds that the matter of entitlement to a TDIU is inextricably intertwined with the service connection claim being remanded herein. See Parker v. Brown, 7 Vet. App. 116 (1994); Harris v. Derwinski, 2 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when a decision on one issue would have a "significant impact" on a Veteran's claim for the second issue). Therefore, final adjudication of the claim for a TDIU must be deferred at this time. The Board also notes that while the Veteran does not currently meet the schedular requirements for a TDIU, he asserts that his conditions prevented him from securing substantially gainful employment; that his disabilities present an unusual disability picture that would entitle him to a TDIU on an extraschedular basis. See 38 C.F.R. § 4.16 (a). While the Board cannot make a determination about entitlement to a TDIU on an extraschedular basis in the first instance, the Board finds that if after an additional adjudication of the remanded service connection claim, the Veteran continues to not meet the schedular criteria, the AOJ should consider entitlement to an extraschedular TDIU. Due to the amount of time which will pass on remand, updated treatment records should be obtained and associated with the record. The matters are REMANDED for the following action: 1. Obtain updated treatment records and associated them with the record. 2. The AOJ must ask the Veteran to confirm the dates, locations, and circumstances of the Veteran's reported in-service stressors, specifically the interactions with the German police and their dogs. Based on the responses, inquiries should be made to all appropriate sources, to verify the reported stressors. The AOJ must ensure that the entire period which is identified is covered by the inquiries, submitting multiple 60-day requests if necessary. The AOJ should issue a formal finding documenting the scope of the inquiry, the steps taken, and the ultimate findings. If any records sought are deemed unavailable, the AOJ must document all efforts taken to obtain such records and the reason for their unavailability. The AOJ must also document the findings of its research for the record. 3. A VA medical opinion should be obtained to determine the etiology of the claimed PTSD and depression. The record should be made available to and be reviewed by the examiner. The examiner is asked to furnish opinions with respect to the following questions: a) Identify whether the Veteran had any psychiatric disabilities, to include PTSD and/or depression, at any time during the pendency of the claim. b) The examiner should offer an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric disability, to include PTSD and/or depression, had its onset during any period of service, or is otherwise related to such periods of service, to include the reported incidents with the German Police and their dogs and whether the Veteran's diagnosis of situational anxiety was a response to such incidents or the early manifestation of subsequent mental health disabilities. The examiner is asked to provide a complete rationale for all opinions and conclusions reached. 4. If after adjudication of the remanded service connection claim, the Veteran continues to not meet the schedular criteria for a TDIU, refer the Veteran's claim for a TDIU to VA's Director of Compensation Service for extraschedular consideration. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Unger, 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.